Blog - Page 5 of 215 - Klein Moynihan Turco

woman on phone in public TCPA telemarketing marketing FCC FTC

Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States

The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the FCC’s TCPA Consent Rule appeared dead in the water. Now, however, the National Consumer Law Center (“NCLC”) (joined by numerous State Attorneys General), […]

Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States Read More »

blue phones california wiretap CIPA blue signs with white phones on them in an airport telemarketing TCPA

CIPA Claims and GET Requests

Blog, Telemarketing Law / David Klein

While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what GET requests are and how the Plaintiffs’ Bar is alleging that GET Requests violate CIPA. Does a GET Request Violate CIPA?

CIPA Claims and GET Requests Read More »

man holding phone next to window telemarketing hours

Do Not Disturb: Observe Telemarketing Hours!

Blog, Telemarketing Law / David Klein

Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received three text messages between 3:00 and 6:00 a.m. If Plaintiff’s allegations are proven true, Defendant may have violated the Telephone Consumer

Do Not Disturb: Observe Telemarketing Hours! Read More »

man holding cell phone blurring background FCC TCPA

Petition to FCC Seeks TCPA Ruling and Clarification

Blog, Telemarketing Law / David Klein

Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s current TCPA rules. Below, we discuss the petition in further detail. Petition Claims Current TCPA Rules Require FCC Action In response to an “alarming surge in

Petition to FCC Seeks TCPA Ruling and Clarification Read More »

blue baseball seats NY Fantasy football baseball gambling betting

NY Fantasy Sports Operator Accused of Running Illegal Betting Platform

Blog, Online Gambling Law / David Klein

Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege that Defendant violated NY’s fantasy sports law by offering illegal sports bets that it deceptively marketed as daily fantasy

NY Fantasy Sports Operator Accused of Running Illegal Betting Platform Read More »

guy holding phone at a desk with a mug next to him TCPA telemarketing iphone

FCC’s TCPA Consent Revocation Rule Effective April 11, 2025!

Blog, Telemarketing Law / David Klein

In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail. New

FCC’s TCPA Consent Revocation Rule Effective April 11, 2025! Read More »

group of friends looking at laptop together refer a friend telemarketing data privacy laws TCPA

Refer a Friend Promotions? Get Consent!

Blog, Data & Privacy Law / David Klein

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp., the Court held that Plaintiff had sufficiently plead claims against Defendant pursuant to Washington’s Commercial Electronic Mail Act (“CEMA”) and

Refer a Friend Promotions? Get Consent! Read More »

girl on red iphone TCPA claim telemarketing telephone marketing TCPA claim

Autodialer TCPA Claim

Blog, Telemarketing Law / David Klein

Following the United States Supreme Court’s decision in Facebook v. Duguid, consumers alleging Telephone Consumer Protection Act (“TCPA”) claims against companies for using an automatic telephone dialing system (“ATDS”) are increasingly rare. Notwithstanding the foregoing, these cases still are filed on occasion. For example, a Texas federal court recently was tasked with having to decide

Autodialer TCPA Claim Read More »