Are Your Website Terms and Conditions Fully Enforceable?

Are Your Website Terms and Conditions Fully Enforceable?

Blog, Internet Law /

Website Terms and Conditions are an important tool for website owners and operators in order to create essential legal protections and limit liability. Frequently, website Terms and Conditions, coupled with the Privacy Policy, are the only legal documents used to establish the contractual relationship between website operators and their respective end-users. Given this vital role, it is important that […]

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Advertising Privacy

Cookie Exchange: Google Topics to Replace Cookies and Provide More Advertising Privacy

Blog, Internet Law, Online Marketing & Advertising Law /

Cookies have been a ubiquitous, essential part of the Internet world for decades. Web cookies are small files downloaded from a website that keep track of a user’s prior website sessions, registration information, text size preferences, and other user experiences. They also serve to track a user’s movements on the website that sent the cookie.

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"Super Bowl" Sweepstakes: Leave "Super Bowl" and Consideration Out of Your Contests

“Super Bowl” Sweepstakes: Leave “Super Bowl” and Consideration Out of Your Contests!

Blog, Online Gambling Law, Sweepstakes & Gaming Law /

If you are interested in running a legal contest related to the “Big Game,” you should leave the “Super Bowl” trademark and the element of consideration out of the equation. Contests are a terrific way to promote a brand and increase revenue. However, when sweepstakes promotions are structured incorrectly, the consequences may include reputational harm,

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Proposed Terms of Service Act: Making Terms Consumer Friendly - Klein Moynihan Turco LLP

Proposed Terms-of-Service Act: Making Terms Consumer-Friendly

Blog, Internet Law /

Earlier this month, several members of Congress introduced a bill aimed at simplifying website Terms and Conditions for online consumers. The Terms-of-service Labeling, Design and Readability Act (“TLDR Act”) is intended to address Website Terms of Service that consumers must agree to before using online services. While the Terms-of-Service Act is merely a bill (and, if

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TCPA Safe Harbor Exception Saves Telemarketer Big Money - Klein Moynihan Turco LLP

TCPA Safe Harbor Exception Saves Telemarketer Big Money

Blog, Telemarketing Law /

The Telephone Consumer Protection Act (“TCPA”) restricts contacting consumers whose phone numbers are on the National Do Not Call Registry unless the telemarketer has obtained the consumer’s prior express consent. As the recent decision in a case captioned Johansen v. EFinancial, LLC explained, the Do Not Call restriction is broad but contains one notable exception,

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Congress Considers New Targeted Advertising Law - Klein Moynihan Turco LLP

Congress Considers New Targeted Advertising Law

Blog, Online Marketing & Advertising Law /

Recently, several members of Congress introduced a bill aimed squarely at the digital marketing industry. Dubbed the Banning Surveillance Advertising Act, the bill amounts to a targeted advertising law that looks to ban or seriously curtail what sponsors term “surveillance advertising.” Put simply, the Act would ban advertising facilitators (like Facebook, Google, and data brokers)

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What is an NFT Sweepstakes AMOE? - Klein Moynihan Turco LLP

What is an NFT Sweepstakes AMOE?

Blog, Internet Law, Sweepstakes & Gaming Law /

To attract consumers in this increasingly competitive environment, NFT minters turn to promotional NFT contests to both generate excitement among consumers and increase company revenue. Where minters decide to market their NFTs through sweepstakes, they must adhere to relevant state and federal laws, rules, and regulations. For example, while minters may allow participants to enter contests by purchasing

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