Klein Moynihan Turco’s Response to COVID-19 – Click here

Klein Moynihan Turco

David Klein

Appeals Court Clarifies TCPA Fax Law

by

The United States Court of Appeals for the Third Circuit recently issued a ruling on the issue of whether faxes sent on behalf of Cephalon, Inc. (“Cephalon”) were transmitted in violation of the Telephone Consumer Protection Act (“TCPA”).  The TCPA fax decision focuses on: 1) whether the faxes were unsolicited; and 2) even if they were solicited, whether Cephalon nevertheless violated the statute by failing to include required opt-out language in its advertisements. 

How did the Court resolve these TCPA fax law issues?

[Read More]

CCPA Enforcement Date Remains July 1, 2020

by

The novel coronavirus (“COVID-19”) pandemic has required businesses to adapt to unforeseen disruptions. However, one thing that has remained constant is the California Consumer Privacy Act (“CCPA”) enforcement date of July 1, 2020. Earlier this month, a coalition of approximately 60 businesses sent a letter to California Attorney General Xavier Becerra asking that the CCPA enforcement date be delayed until January 2, 2021 because of ongoing health and economic worries created by COVID-19. Civil Code Section 1798.85(c) states that “the Attorney General shall not bring an enforcement action under this title until six months after the publication of the final regulations issued pursuant to this section or July 1, 2020, whichever is sooner.” In an email to Forbes magazine, an advisor for the California Attorney General’s Office said that they are “committed to enforcing the law upon finalizing the rules or July 1, whichever comes first,” and “encourage[d] businesses to be particularly mindful of data security in this time of emergency.” Consequently, because the final regulations have not been published, July 1, 2020 remains the CCPA enforcement date. Given the foregoing, businesses working to weather the damage caused by COVID-19 also need to be mindful of their compliance obligations under the CCPA.

What are the CCPA Enforcement Measures?

[Read More]

Electronic Signatures and Notarization During a Pandemic

by

The onslaught of COVID-19 has required that most businesses now work remotely. This materially changes the dynamic of the office and leaves employees uncertain as to how they will complete tasks, such as executing contracts, which they had, up until then, taken for granted. Businesses should be aware that federal and state laws allow for certain contracts to be executed via electronic signatures and notarized electronically. 

What are the electronic signature and notarization legal requirements?

[Read More]

Telemarketing in a State of Emergency

by

Within a few short weeks, Covid-19 (“Covid-19”), the disease caused by the novel coronavirus SARS-CoV-2, has affected nearly all aspects of life in America. The United States has declared a state of emergency, and multiple states of the Union have followed suit. In addition to Covid-19’s pervasive effects on business, companies engaged in telemarketing also need to be concerned with special restrictions that they may face in jurisdictions that have declared states of emergency. 

What is Prohibited During a State of Emergency?

[Read More]

CCPA Regulations Revised, Again

by

Recently, the California Consumer Privacy Act (“CCPA”) regulations were modified by the California Attorney General for a second time. These modifications are an attempt to address issues raised by approximately one hundred comments that followed the release of the Modified Draft Regulations on February 7, 2020. The California Attorney General is accepting written comments on the latest modifications until March 27, 2020. All of these measures are being taken to ensure that businesses have a clear understanding of what the CCPA regulations require before the enforcement date of July 1, 2020. 

What are the most recent modifications to the CCPA regulations?

[Read More]

Social Media Influencer Marketing and FTC Enforcement

by

The endorsement of a celebrity or social media “influencer” can be a valuable tool for companies seeking to instantaneously advertise to the millions of individuals who follow a popular influencer. Companies pay very handsomely for these endorsements, with some celebrities earning over $1 Million per post. However, this explosion in paid endorsements and influencer marketing has led to the Federal Trade Commission (“FTC”) cracking down on misleading ads where influencers fail to disclose their relationship with the promoted companies. Given the potential for large fines and negative press, companies must be aware of their obligations to ensure that their influencer marketing campaigns comply with applicable law. 

How Should Companies Protect Themselves?

[Read More]

Understanding Telemarketing Law

by

What is Telemarketing Law?

Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). The Federal Communications Commission (“FCC”) has deemed informational calls and messages, as well as calls and messages for non-commercial purposes, exempt from most telemarketing regulations. Complying with state and federal telemarketing law requires constant attention to the evolving regulatory and litigation landscape.

[Read More]

False Advertising: What You Need to Know

by

False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b).  As articulated by Federal Trade Commission (“FTC”) Commissioner Christine S. Wilson, “[a]ccurate and complete information contributes to the efficient functioning of the market and facilitates informed consumer decision-making.  In contrast, deceptive or false claims inhibit informed decision-making and cause economic injury to consumers.”  

[Read More]