February 2018 - Klein Moynihan Turco

TCPA Lawsuit Filed Against Telemarketing Company and its Owners

Blog, Journal, Telemarketing Law / David Klein

February 27, 2018 A complaint was recently filed in the United States District Court for the Southern District of California alleging violations of the Telephone Consumer Protection Act (“TCPA”) in connection with the receipt of unsolicited commercial telephone calls and text messages. The complaint seeks to hold liable both the telemarketing company that allegedly placed […]

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Colorado Marijuana Advertising

Blog, Internet Law, Journal, Online Marketing & Advertising Law / David Klein

February 15, 2018 In 2012, the State of Colorado legalized the recreational use of marijuana within its borders. Shortly thereafter, marijuana advertising laws were enacted in the State. What are some of Colorado’s most notable marijuana advertising laws?

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NCAA Dunks on Sweepstakes App Provider in Trademark Lawsuit

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

February 14, 2018 The National Collegiate Athletic Association (the “NCAA”) recently boxed out sweepstakes app provider Kizzang LLC (“Kizzang”) and its principal in a trademark lawsuit filed in connection with the planned name of Kizzang’s 2017 college basketball-themed promotional contest. Why should operators in the contest and sweepstakes space think twice before launching a new

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Court Approval Sought for TCPA Fax Class Action Settlement

Blog, Journal, Telemarketing Law / David Klein

February 8, 2018 A multi-million dollar settlement agreement of a nationwide Telephone Consumer Protection Act (“TCPA”) fax class action lawsuit has been presented to a federal judge in Massachusetts for approval. What was the nature of the TCPA fax class action lawsuit and the agreed upon settlement?

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The Rise of Marijuana Advertising Regulations

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

February 7, 2018 This Monday, the newly-minted Massachusetts Cannabis Control Commission (the “Commission”) kicked off six days of public hearings across the Commonwealth in anticipation of the rollout of new marijuana advertising restrictions that will become effective this spring. What are some of the key provisions contained in the draft regulations?

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String of Lawsuits Challenges FDA E-Cigarette Marketing Regulations

Journal / David Klein

February 5, 2018 Last week, a number of vape shops represented by the Pacific Legal Foundation (“PLF”) filed federal lawsuits around the country challenging e-cigarette marketing restrictions contained in the Food and Drug Administration’s (“FDA”) 2016 “Deeming Rule.” How can e-cigarette manufacturers, vape shops and related marketing affiliates avoid problems with regulators?

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