Sweepstakes Phone Cards Under Investigation in Alabama

December 7, 2015 Last Wednesday, CBS network affiliate WKRG in Mobile, Alabama reported that the Mobile County District Attorney’s Office is conducting an ongoing investigation to determine whether certain sweepstakes phone cards violate Alabama State gambling laws. Why is the Attorney General investigating these sweepstakes promotions?

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FCC Could Exempt Certain Internet Faxes from TCPA Regulation

December 4, 2015 Last Tuesday, the Federal Communications Commission (the “FCC” or “Commission”) announced that it is seeking public comment on whether Internet faxes that are both sent and received digitally should be governed by the Telephone Consumer Protection Act (the “TCPA”) or the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

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KMT’s David Klein and Neil Asnen Discuss LinkedIn Class Action Suit with E-Commerce Law Reports

By: David O. Klein and Neil E. Asnen December, 2015 Social media giant LinkedIn Corporation (‘LinkedIn’) recently agreed to settle class action allegations that it violated several federal and state laws by harvesting email addresses from the external contact lists of LinkedIn members, and by sending repeated invitations to join LinkedIn to those addresses. Under

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KMT’s David Klein Weighs in with Bloomberg on Future of Daily Fantasy Sports in New York

FanDuel, DraftKings Play for Keeps in N.Y. Courtroom November 24, 2015 A one-hour Nov. 25 hearing in a New York courtroom may determine the future of the multi-billion dollar online fantasy sports industry (People v. FanDuel Inc., N.Y. Sup. Ct., No. 453056/2015, motion for preliminary injunction, 11/23/15 People v. DraftKings Inc., N.Y. Sup. Ct., No.

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Bloomberg Features Daily Fantasy Sports Article by KMT Attorneys

Fantasy Sports: Navigating the Regulatory Groundswell November 25, 2015 By David O. Klein, Neil E. Asnen and Joshua R. Wueller Anyone who has turned on a television or radio, visited a professional sports venue or surfed the Web in recent months will undoubtedly be familiar with the meteoric rise – and tremendous marketing efforts –

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Yahoo Prevails in Sweepstakes Fulfillment Contract Dispute

December 2, 2015 Earlier this year, we reported on developments in a lawsuit filed by prize promotion and risk management company SCA Promotions, Inc. (“SCA”) against Yahoo! Inc. (“Yahoo”) in connection with a botched billion-dollar March Madness sweepstakes fulfillment contract. On November 18, 2015, the U.S. District Court for the Northern District of Texas granted

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Planet Fitness Settles with NYAG over Tanning Marketing

December 1, 2015 On November 24, 2015, the Attorney General for the State of New York announced a settlement with Planet Fitness Holdings, LLC and its subsidiaries, Pla-Fit Franchise, LLC (together “Planet Fitness”) concerning Planet Fitness’s marketing of its tanning services. Among other things, Planet Fitness agreed to stop making health-related claims in promoting its

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FTC Amends TSR Do-Not-Call Regulations

November 30, 2015 This month, the Federal Trade Commission (the “FTC” or “Commission”) made several revisions to the Do-Not-Call regulations contained in its Telemarketing Sales Rule (“TSR”), as well as additional amendments to its business-to-businesses exemption and oral verification recording requirements. How do these changes affect telemarketers?

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