California Rules that Websites are Not Places of Public Accommodation under the ADA - Klein Moynihan Turco LLP

California Rules that Websites are Not Places of Public Accommodation under the ADA

Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of a disability “in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation.” Whether a website constitutes a “place of public accommodation” under the ADA has generated a great deal of …

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A Bumpy Ride for the Future of Cannabis Ads on Radio and TV - Klein Moynihan Turco LLP

A Bumpy Ride for the Future of Cannabis Ads on Radio and TV 

Now that the Office of Cannabis Management has filed regulations for the Conditional Adult-Use Retail Dispensary (CAURD) License, these licensees are positioned to make New York’s first legal cannabis sales before the end of 2022. Once sales are legal, many companies will be pursuing marijuana marketing and advertising, in accordance with any applicable regulations. But just what …

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Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim? - Klein Moynihan Turco LLP

Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim?

As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA’s prohibition on sending messages containing prerecorded voices. One plaintiff …

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FTC Returning Almost $25 Million to Consumers for Sweepstakes Law Violations - Klein Moynihan Turco LLP

FTC Returning Almost $25 Million to Consumers for Sweepstakes Law Violations

Running a successful sweepstakes contest is a proven, effective way to expand and retain your customer base. In order for the contest to be successful, the entire promotion must be prepared and executed according to applicable regulations, down to the issuing of prizes. Failing to adhere to sweepstakes laws will serve to invalidate the contest …

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New TCPA Arbitration Decision Provides Roadmap to Enforcement - Klein Moynihan Turco LLP

New TCPA Arbitration Decision Provides Roadmap to Enforcement

One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms …

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Wawa Inc. Announces Exciting NFT Game Sweepstakes

Wawa, Inc. Announces Exciting NFT Sweepstakes Game Promotion

The NFT market has surely been volatile during the first half of 2022. While this is probably not surprising considering the current rate of inflation and other economic issues, most data suggests that NFTs are definitely here to stay. In fact, a recent financial article reported that, “Despite poor price performance, NFTs have continued their …

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Coming Soon: A Federal Privacy Policy Mandate - Klein Moynihan Turco LLP

Coming Soon: A Federal Privacy Policy Mandate

Recently, a bipartisan coalition in Congress introduced a federal privacy bill, known as the American Data Privacy and Protection Act (“ADPPA”). The bill would, if passed, represent a sweeping change to the privacy landscape with several new requirements that businesses would need to meet. One pivotal provision is the federal privacy policy requirement. Today, the …

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