Blog - Page 57 of 228 - Klein Moynihan Turco

Eighth Circuit Confirms Narrow TCPA Autodialer Definition

Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court settled a years-long disagreement and clarified how narrow the Telephone Consumer Protection Act’s (“TCPA”) autodialer restriction really is. The restriction only applies when dialing equipment produces the phone numbers to […]

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Idaho Subscription Law Signed by Governor

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

On March 23, Governor Brad Little signed the Idaho Subscription bill into law (“Idaho Subscription Law”). The Idaho Subscription Law will regulate subscription offers and automatic renewals that are marketed to consumers on or after January 1, 2023. The law adds provisions to protect consumers from unfair and deceptive trade practices involving the cancellation of subscriptions

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Your Giveaway May Violate Applicable Sweepstakes Laws

Blog, Online Gambling Law, Sweepstakes & Gaming Law / David Klein

Brands often use giveaways as a marketing tool to create buzz among the consuming public. When done correctly, businesses can see an increase in revenue and consumer loyalty through giveaways. However, when a giveaway campaign is poorly structured, brands can suffer reputational harm and may be subject to regulatory action and/or civil litigation.

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UCPA Compliance - Klein Moynihan Turco LLP

UPDATE: Governor Signs Utah Consumer Privacy Act

Blog, Data & Privacy Law / David Klein

As reported previously on this blog, Utah was poised to become the fourth state to pass a comprehensive consumer privacy law, joining California, Colorado, and Virginia. The Governor of Utah has since signed the bill into law, with an effective date of December 31, 2023. Complying with the Utah Consumer Privacy Act (“UCPA”) should be

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NFT Minters Arrested in Alleged Frosties Utility NFT Scheme

Blog, Internet Law / David Klein

On March 24, the United States Attorney for the Southern District of New York (“NY”) issued a press release revealing that two people had been charged in connection with an alleged “Frosties” non-fungible token (“NFT”) scheme. Ethan Nguyen and Andre Llacuna, the individuals that launched the Frosties utility NFT collection, (herein, the “Defendants”) were arrested

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TCPA Fax Exception: Saving Your Business From Liability

Blog, Telemarketing Law / David Klein

While not as popular as they used to be, faxes still provide telemarketers a worthwhile avenue to find potential customers. But using faxes to advertise is not a risk-free proposition. The Telephone Consumer Protection Act (“TCPA”) restricts the ability to send marketing faxes, in part, by requiring prior consent from the recipient. What happens if

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Get Ready to Play: Court of Appeals Upholds NY Fantasy Sports Law

Blog, Sweepstakes & Gaming Law / David Klein

The multi-year court battle over the legality of fantasy sports in New York (“NY”) has finally ended. On March 22, 2022, the NY Court of Appeals (“COA”) released its decision in the case entitled White v. Cuomo, finding that fantasy sports contests are legal under the State’s constitution. The COA (the highest court in NY)

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Facebook Marketing Company Sued by Meta for Fake Reviews

Blog, Online Marketing & Advertising Law / David Klein

On March 16, 2022, Meta Platforms, Inc. (previously known as “Facebook”) filed a lawsuit in the Northern District of California against Chad Taylor Cowan (the owner of Customer Feedback Score Solutions) for allegedly providing fake Facebook engagement services. This case is part of Facebook’s ongoing efforts to remove and deter fake engagement and advertising from

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