Rule Governing Banks’ Privacy Disclosures to Consumers Updated

October 24, 2014 The Consumer Financial Protection Bureau recently finalized a rule that is expected to result in more effective privacy disclosures from financial institutions to their customers. The rule will go into effect immediately once it is published in the Federal Register. The New Rule: Banks’ Privacy Disclosures to Consumers The new rule is […]

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New Jersey Ban on Sports Gambling Repealed

October 23, 2014 On October 17, 2014, New Jersey Senate Bill No. 2460, which partially repeals New Jersey’s ban on sports gambling, was signed into law by Governor Chris Christie.  In his signing statement, Governor Christie explains that “[t]his bill closely adheres to controlling federal law, fully responds to the issues raised by federal courts,

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Online Marketers Settle Telemarketing and Cramming Lawsuit for $10 Million

October 23, 2014 On October 22, 2014, the Federal Trade Commission (“FTC”) announced that it had settled a long-standing case against a group of defendants that allegedly engaged in text message, robocall and cramming schemes involving offers for “free” merchandise.  The combined settlement amount comes to approximately $10 million and will be enforced against a

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FTC Files ROSCA Charges Against Online Retailers of Health-Related Products

October 22, 2014 The Restore Online Shoppers’ Confidence Act (“ROSCA”) was enacted in January 2011 to prohibit online retailers from charging consumers’ financial accounts unless they have clearly disclosed all material terms associated with their subject products or services and obtained consumers’ express informed consent to bill for those products or services.  ROSCA mandates that

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Klein Moynihan Turco Scores Major Trademark Infringement Win

October 21, 2014 On September 3, 2014, the United States District Court for the District of Connecticut held that Lavatec Laundry Technology GmbH owns the exclusive rights in and to the trademark “LAVATEC” in the United States.  The holding followed a week-long trial and over four years of litigation. The Facts of the Trademark Infringement

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American Bankers Association Seeks TCPA Exemption for Certain Consumer Notifications

October 17, 2014 Earlier this week, the American Bankers Association (“ABA”) filed a Petition for Exemption with the Federal Communications Commission (“FCC”) requesting that financial institutions be permitted to transmit certain automated text and voice message calls to consumer’s mobile telephones without obtaining prior express written consent to do so. The American Bankers Association Consumer

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Connecticut’s New TCPA-Like Telemarketing Law Mandates Enhanced Damages and Is Now in Effect!

October 14, 2014 As we have detailed countless times on this blog, the Telephone Consumer Protection Act (“TCPA”), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages ranging from $500.00 to $1,500.00 for each unsolicited fax, pre-recorded telephone call and/or autodialed telephone call sent/placed by telemarketers.  While the penalty provisions of the

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