February 2019 - Klein Moynihan Turco

FTC Investigation Leads to its First Fake Reviews Settlement

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

February 28, 2019 A Federal Trade Commission (“FTC”) investigation of Cure Encapsulations, Inc. and its owner, Naftula Jacobowitz (the “Defendants”), has ended in a settlement that awaits court approval. In its complaint, the FTC alleges that Defendants made false and unsubstantiated claims concerning the efficacy of garcinia cambogia (the “Product”) as a weight-loss supplement and […]

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Class Certification Sought in TCPA Case

Blog, Journal, Telemarketing Law / David Klein

February 21, 2019 In a case pending before the United States District Court for the Northern District of California, the putative class representative has asked the Court to certify a class of people claiming violations of the Telephone Consumer Protection Act (“TCPA”). The class certification motion brings the TCPA case to a seminal inflection point

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OddsShark.com Bitten by New Jersey Gambling Marketing Laws

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

February 20, 2019 On February 6, 2019, Mr. David Rebuck, Director of the New Jersey Division of Gaming Enforcement (the “Division” or “NJDGE”), notified Oddsshark.com and its operators that their promotion of illegal gaming sites violated Federal, and New Jersey State gambling marketing laws. In response to the notification, Oddsshark.com has posted an “ACCESS DENIED”

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Comparing the Washington Privacy Act (WPA) to the California Consumer Privacy Act (CCPA)

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law / David Klein

February 15, 2019 A new bill, titled the “Washington Privacy Act” (“WPA”), was introduced in the Washington State Senate on January 18, 2019. If enacted, Washington would follow California, which passed the California Consumer Privacy Act (“CCPA”) on June 28, 2018, as the second state to adopt a comprehensive privacy law. Several key provisions of

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CAN-SPAM Cooked? Results are in on the FTC’s Review of the Federal Email Law

Blog, Data & Privacy Law, Journal / David Klein

February 14, 2019 In June, 2017, the Federal Trade Commission (“FTC”) sought public comment on the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”). At that time, it had been nearly 15 years since the passage of CAN-SPAM and the FTC was seeking public opinion on the costs, benefits, and regulatory impact that

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TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit

Blog, Journal, Telemarketing Law, Trademark & Copyright Law / David Klein

February 13, 2019 On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a

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Internet Marketers Involved in Free Trial Law FTC Settlement

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

February 7, 2019 Last week, the Federal Trade Commission (“FTC”) announced that it will be mailing over $6 million dollars in checks to consumers who purchased certain health-related products and services. This money will be returned to consumers per the terms of a settlement that the FTC reached with three individuals and 19 companies that

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