December 2019

Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

December 30th, 2019 Over the years, the estate of Bruce Lee, organized under the corporate name of Bruce Lee Enterprises, LLC (“BLE”), has endeavored to protect the Bruce Lee brand by filing various lawsuits throughout the world. BLE’s latest lawsuit seeks $30 million from the Chinese-based restaurant chain, Kungfu Catering Management (“KCM”), for its alleged […]

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FCC Clarifies TCPA Fax Exemption

December 27th, 2019 In an important decision concerning the Junk Fax portions of the Telephone Consumer Protection Act (“TCPA”), the Federal Communications Commission (“FCC”) recently issued a declaratory ruling clarifying the scope of the TCPA fax exemption.  The ruling came in response to a petition filed by Amerifactors Financial Group, LLC (“Amerifactors”) requesting clarification from

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University of Phoenix Settles FTC Deceptive Advertising Law Allegations

December 12th, 2019 On December 10, 2019, the Federal Trade Commission (“FTC”) announced a settlement with the University of Phoenix and its parent company, Apollo Education Group (“AEG”), for $191 million dollars.  This $191 million dollar settlement is the “largest settlement the FTC has ever obtained against a for-profit school.” This settlement is the culmination

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TRACED Act Contains New TCPA Penalties

December 10th, 2019 The US House of Representatives recently passed the “Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act,” or “TRACED Act.”  If written into law, the TRACED Act would implement a number of changes to the TCPA landscape, such as the creation of a new Interagency Working Group and new anti-spoofing requirements.  Most

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What is An Opt-Out Request Under TCPA Law? - Klein Moynihan Turco LLP

New York Enacts New Telemarketing Law

December 6, 2019 This week, Governor Andrew Cuomo signed a bill enacting the Nuisance Call Act, a telemarketing law aimed at curbing the receipt of unwanted commercial telephone calls by New York residents.  The law is intended to build upon the State’s Do-Not-Call Law, which went into effect in 2001. How does the new telemarketing

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Supreme Court Denies Cert. in TCPA Ad Case

On November 25, 2019, the Supreme Court of the United States denied plaintiff’s petition for certiorari, thereby upholding a decision by the Third Circuit Court of Appeals (the “Court” or “Third Circuit”) which held that an unsolicited fax sent to update a company’s database was not an advertisement within the meaning of the Telephone Consumer

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