Blog - Page 2 of 215 - Klein Moynihan Turco

The TikTok Trap and Trace Train Keeps Chugging Along

In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok tracking code and/or scripts on consumer-facing websites, without user consent, violates CIPA’s trap and trace regulations. Unfortunately, a recent decision from […]

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Major Crypto Sweepstakes Lawsuit Settlement Announced

Blog, Sweepstakes & Gaming Law / David Klein

Earlier this week, Coinbase and its sweepstakes administrator agreed to the terms of a class action settlement in the matter of Suski v. Coinbase, Inc. After nearly four years of litigation, including a trip to the United States Supreme Court, Plaintiffs accepted $2.25 million dollars to settle their crypto sweepstakes lawsuit. It is important for

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What Constitutes A Legal Sweepstakes?

Blog, Sweepstakes & Gaming Law / David Klein

Legal sweepstakes are an effective means for brands to attract consumer attention and interaction through the allure of possible prize winnings. Some sweepstakes operators, however, have attempted to create business models based primarily on offering stand-alone forms of serial sweepstakes called “social casinos” or “sweepstakes casinos.” These newer models may run afoul of anti-gambling laws,

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TCPA Claim Defense Bites The Dust

Blog, Online Marketing & Advertising Law, Telemarketing Law / David Klein

A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its implications for future TCPA claims. Defending Against TCPA Claims Gets More Complicated Briskin v. Shopify, Inc. involved a putative class action in which Plaintiff

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VVPA claim guy holding phone horizontally taking a video

Paramount Decision: Sixth Circuit Upholds Dismissal of VPPA Claims

Blog, Data & Privacy Law / David Klein

In Sum: Introduction On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr. Salazar (“Plaintiff”) alleged that Defendant violated the VPPA by knowingly disclosing: 1) his personally identifiable information (“PII”); and 2)

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man in black baseball cap on his phone in middle of street looks like a city street CIPA wiretap telemarketing data privacy

Major CIPA Wiretap Decision!

Blog, Data & Privacy Law, Telemarketing Law / David Klein

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the use of third-party tracking technologies have only fueled the continued assertion of these claims. However, the latest CIPA wiretap decision brings these claims into

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telemarketing quiet hours man holding and looking at his phone at night TCPA

Set Telemarketing to Snooze: Telemarketing Quiet Hours Lawsuits on the Rise!

Blog, Telemarketing Law / David Klein

As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff alleges he received outside the hours of 8:00 a.m. and 9:00 p.m. In Valero v. Fizzies Sweets,

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washington email person sitting on their laptop glare on screen

Washington Email Marketing Climate Has Changed!

Blog, Data & Privacy Law, Online Marketing & Advertising Law / David Klein

Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). What are the compliance obligations under the Washington email marketing law? As long-time readers of this blog know, state and federal email statutes generally

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