Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

12 Comments / Blog, Journal, Online Gambling Law, Online Marketing & Advertising Law, Sweepstakes & Gaming Law /

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must abide by the laws governing […]

Creating a Viral (And Legally Compliant) “Pin to Win” Contest Read More »

Facebook Decision defines a TCPA Autodialer- Klein Moynihan Turco LLP

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer

Blog, Telemarketing Law /

On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer Read More »

Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

Blog, Telemarketing Law /

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using the phone is often an

The Critical Role that the TCPA Plays in Outbound Telemarketing Read More »

How to Use Promotional Marketing the Legal Way: Klein Moynihan Turco LLP

How To Use Promotional Marketing The Legal Way

11 Comments / Blog, Online Gambling Law, Online Marketing & Advertising Law, Publications, Sweepstakes & Gaming Law /

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more mundane advertising. However, there are

How To Use Promotional Marketing The Legal Way Read More »

TCPA surveys

An Ad or not an Ad: NY Weighs in on TCPA Surveys

Blog, Online Marketing & Advertising Law, Telemarketing Law /

Another day, another court decision that refines constitutes a Telephone Consumer Protection Act (“TCPA”) unsolicited fax advertisement. A Manhattan-based federal court recently issued a decision that removes faxed invitations to participate in a survey from the TCPA definition of advertisement. In drawing this distinction for TCPA surveys, the Court held that the subject faxes, while

An Ad or not an Ad: NY Weighs in on TCPA Surveys Read More »

NY sports gambling law- Klein Moynihan Turco

Agreement Reached to Enact NY Sports Gambling Law

Blog, Online Gambling Law, Sweepstakes & Gaming Law /

This week, Governor Andrew Cuomo and the New York State Legislature agreed to a budget deal that will bring mobile sports betting to the State through a unique NY sports gambling law.  Upon the Governor’s signature, NY sports gambling is primed to become the nation’s largest market. However, New York is taking a somewhat novel

Agreement Reached to Enact NY Sports Gambling Law Read More »

UK and US Social Media Influencer Laws

UK and US Social Media Influencer Laws

Blog, Online Marketing & Advertising Law /

In September of 2020, the United Kingdom’s (“UK”) Committee of Advertising Practice (“CAP”) reviewed the Instagram accounts of 122 UK-based social media influencers to determine whether content was being properly flagged as advertising in accordance with applicable social media influencer laws. This past March, the UK Advertising Standards Authority (“ASA”) released its report on the

UK and US Social Media Influencer Laws Read More »