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David Klein

Clarifying the $25 Million Threshold in the Final CCPA Regulations

by David Klein

On August 14, 2020, the Office of Administrative Law (“OAL”) approved the California Department of Justice’s final California Consumer Privacy Act (“CCPA”) regulations and filed them with the California Secretary of State. Prior to approval, some businesses were uncertain as to whether the $25 million revenue threshold was related to revenue generated only from California State sales, California residents, or total global revenues. The California Attorney General’s Office has since clarified that limiting the threshold to revenue generated only in California or from California State residents would be inconsistent with the intended broad reach of the CCPA regulations. 

What businesses are regulated by CCPA Regulations?

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Missed Call Leads to Craig Cunningham TCPA Victory

by David Klein

Those operating in the telemarketing space likely know of Craig Cunningham, a prolific filer of Telephone Consumer Protection Act (“TCPA”) lawsuits.  The sheer number of Cunningham TCPA cases brought in recent years has inevitably led to decisions that make law, some good and some bad insofar as the industry is concerned.  Recently, he prevailed in a decision issued by the United States District Court for the Eastern District of Texas that may make it more difficult for marketers to defend TCPA suits in that jurisdiction.

What are the implications of the Cunningham TCPA Decision?

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The Telemarketer’s Guide to Do-Not-Call Compliance

by David Klein

To launch a telemarketing campaign, businesses will need to build their contact lists with an understanding of how the National Do-Not-Call Registry works, how the list protects consumers’ rights, and the potential penalties associated with violating the regulations.

As people grow more attached to their phones, telemarketing has become an essential tool for reaching consumers. It is a convenient outreach tactic, but it may not be as simple to execute as merely contacting a list of phone numbers.

Consumer rights and choices play a major part in how telemarketers reach them. To safeguard these rights, several state and federal laws exist that advertisers must understand and abide by in order to run successful telemarketing campaigns.

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New Jersey to Allow Student Athlete Marketing

by David Klein

On September 15, 2020, New Jersey Governor Phil Murphy signed the New Jersey Fair Pay Act (the “Law”) into law, which grants collegiate athletes in the State the ability to profit from the use of their names, images, and likenesses. New Jersey is the latest in a wave of states making major changes to athlete marketing rules that apply to their respective colleges and universities. The Law provides colleges and universities with a lot of time to adjust their practices, as it will not apply to athlete marketing agreements until “the fifth academic year following its enactment.”

What does the new Law do?

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FTC Obtains $10M Settlement for Negative Option Marketing

by David Klein

On September 1, 2020, Age of Learning Inc., d/b/a ABCmouse (“ABCmouse”), agreed to pay $10 million to settle an enforcement action brought by the Federal Trade Commission (“FTC”) for engaging in alleged illegal marketing and billing practices. According to the FTC, ABCmouse, which operates a membership-based online learning tool for children, enrolled unsuspecting consumers in negative option marketing programs without their consent by failing to inform parents that their subscriptions would renew automatically.  

What did the FTC allege?

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Telemarketing Restrictions During Emergencies

by David Klein

Over the last several months, telemarketers have confronted a new reality that forces them to understand the implications of declarations of public health and other emergencies issued by local, state, and federal governmental agencies.  Various jurisdictions have telemarketing restrictions that are triggered upon such declarations, making recent months and the foreseeable future a particularly tricky time to operate a telemarketing business.

What is an example of emergency-related telemarketing restrictions?

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The Importance of Accurate PPE Marketing

by David Klein

On August 4, 2020, the Federal Trade Commission (“FTC”) filed suit against three online merchandisers for misrepresenting to consumers that they could quickly ship personal protective equipment (“PPE”) featured for sale on their websites. The lawsuits are a reminder of how important truthful PPE marketing is in order to gain consumer trust and avoid costly FTC investigations. 

How can businesses comply with PPE marketing regulations?

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“Terrible Towel” Lawsuit a Good Reminder to Consult a Trademark Lawyer

by David Klein

On August 21, 2020, The Eamon Foundation, owner of multiple trademarks related to the “Terrible Towel” waived at Pittsburgh Steelers (the “Steelers”) games, sued Time In, LLC d/b/a Time in Apparel (“TIA”) for trademark infringement, unfair competition, dilution and unjust enrichment. The lawsuit is a good reminder of the importance of consulting with an experienced trademark lawyer when branding a product or service. 

How can a trademark lawyer help protect brand owners and shelter companies from litigation?

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