TCPA Fax Advertisement - Klein Moynihan Turco LLP

Second Circuit Holds Market Research Fax Not a TCPA Advertisement

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The Telephone Consumer Protection Act (“TCPA”) restricts the sending of certain fax advertisements to non-consenting consumers and businesses. Recently, the New York-based Second Circuit Court of Appeals held that a market research fax is not a TCPA advertisement. The Court found that even the inclusion of an honorarium for participating does not change the character …

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FTC Lead Generation Marketing Violation Lawsuit Settles - Klein Moynihan Turco LLP

FTC Lead Generation Marketing Violation Lawsuit Settles

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The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit against ITMedia Solutions LLC and its affiliates (collectively “ITMedia”) for allegedly violating certain lead generation marketing laws. The FTC complaint alleged that ITMedia’s websites misled consumers into disclosing their sensitive financial information under the pretext that they would be connected with lenders when, in …

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Contract Negotiations: Why Using Your Own Contract Is A Must - Klein Moynihan Turco LLP

Contract Negotiations: Why Using Your Own Contract Is A Must

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While it might seem like a minor point in what can otherwise be more substantive contract negotiations at the outset of a business relationship, wherever possible, you should insist on using your own contract. When negotiating a business relationship, it is common for both parties to have on hand their own version of a given …

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What are NFT dApps? - Klein Moynihan Turco LLP

What are NFT dApps?

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While NFTs (“non-fungible tokens”) typically take the form of sellable digital art pieces, NFTs can be so much more. NFTs are unique, often one-of-a-kind, digital files (usually images, photographs or short videos) that use blockchain technology to establish proof of ownership. In general, NFTs are created (“minted”), purchased from the minter, and then (where allowed) re-sold …

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Sweepstakes Promotions: Winner Selection Tips - Klein Moynihan Turco LLP

Sweepstakes Promotions: Winner Selection Tips

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How to Navigate the Winner Selection Process for Sweepstakes Promotions Sweepstakes promotions continue to be a popular tool that businesses use for customer acquisition, engagement, and retention.  However, several aspects of these promotional contests (e.g., marketing and the logistical considerations associated with running such contests) can come with legal risks for sweepstakes operators. Specifically, the method of …

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The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

The TCPA SMS Rules Keep Changing: Why You Need a Telemarketing Attorney to Keep Up

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Thirty years ago, telemarketers exclusively used phone calls as their preferred advertising medium. In 1991, Congress passed the Telephone Consumer Protection Act (“TCPA”) to protect consumers from unwanted advertising calls. Today, telemarketing has shifted its focus from phone calls to text messages. The Federal Communications Commission (“FCC”) has determined that a text message and a …

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Why Your Sweepstakes Needs a Privacy Policy - Klein Moynihan Turco LLP

Why Your Sweepstakes Promotion Needs A Privacy Policy

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Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways, and sweepstakes are invaluable tools for businesses looking to attract new customers and build a customer database. Sweepstakes drive consumers to provide their information to a business in exchange for the chance to win prizes and other benefits. Please take note that, for each sweepstakes, a …

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The Importance of an End User License Agreement - Klein Moynihan Turco LLP

The Importance of an End-User License Agreement (EULA)

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Any business that offers mobile applications (“apps”) or other software programs over the Internet needs an End-User License Agreement (“EULA”) that end-users must agree to, in full, prior to downloading the applicable software/apps. EULAs are essential in establishing developers’ ownership rights, while setting forth the limited, conditional license terms that end-users acquire in the underlying …

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