March 2019 - Klein Moynihan Turco

TCPA Litigation – Revocation of Consent is Tantamount to Never Having Provided Consent

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

March 26, 2019 On November 8, 2018, Plaintiff John Geraci (“Geraci”) commenced a Telephone Consumer Protection Act (“TCPA”) lawsuit in the United States District Court of New Jersey. The named defendant in the TCPA litigation is Red Robin International (“Red Robin”), which operates the chain of Red Robin Gourmet Burgers and Brews casual dining restaurants. […]

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New York Sports Betting Coming This Spring

Blog, Journal, Online Gambling Law, Trademark & Copyright Law / David Klein

March 25, 2019 The New York State Gaming Commission has formally published sports betting rules and regulations to allow a limited number of upstate casinos to accept wagers on sporting events. This follows a publication earlier in the year of proposed New York sports betting regulations, and is largely consistent with those prior proposals. What

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CBD Law – USPS Mailing Guidelines

Blog, Journal, Trademark & Copyright Law / David Klein

March 21, 2019 On March 4, 2019, the United States Postal Service (“USPS”) issued a guidance letter meant to address how cannabidiol (“CBD”) products may be sent via U.S. mail. This is another of many recent state and federal CBD law developments. The USPS has advised that the guidance is temporary and will be revised

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Facebook May Relax its Marijuana Marketing Policy

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

March 8, 2019 As more states legalize medical and recreational marijuana, the continued federal prohibition on marijuana sales creates uncertainty for marijuana marketing and marijuana-related product and service businesses. Just this last February, CBS rejected a medical marijuana advertisement that was set to air on its national Super Bowl broadcast. Similarly, social media platforms, such

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Proposed Amendments to FTC Regulations Governing Privacy and Consumer Data

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

March 7, 2019 The Federal Trade Commission (“FCC”) has recently announced that it is seeking comment on proposed amendments to two existing FTC regulations that aim to protect the privacy and security of customer information collected and stored by financial institutions. Specifically, the amendments would modify the “Safeguards Rule” and “Privacy Rule” under the Gramm-Leach-Bliley Act. The proposed amendments

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Mastercard Free Trial Requirements

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

March 6, 2019 Last month, Mastercard Incorporated (“Mastercard”) announced an important change to its policies that will require merchants to provide specific automatic enrollment disclosures to consumers at the conclusion of all free-trial offers. The Mastercard free trial terms are intended to protect consumers from merchants that offer misleading “free to pay” conversions, continuity plans,

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Skincare Product Marketer’s Continuity Billing Draws FTC Scrutiny

Journal / David Klein

March 4, 2019 Beauty product marketer, F9 Advertising, LLC, several related entities, and their individual owner, have been sued by the Federal Trade Commission (“FTC”) for allegedly fraudulent continuity billing practices. The FTC alleges that the non-compliant continuity billing practices and related marketing violate the Restore Online Shoppers’ Confidence Act (“ROSCA”). How do the entities’

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