Klein Moynihan Turco’s Response to COVID-19 – Click here

Klein Moynihan Turco

Blog

The Ultimate Contest Law and Sweepstakes Guide

by Klein Moynihan Turco

Are you interested in running a contest or sweepstakes campaign as a means to engage with new and existing customers? Crafting a successful contest or sweepstakes promotion can increase interest in your brand and grow your customer base. However, if you are not familiar with sweepstakes and contest law, you might be gambling with your future. 

As a consumer, you may be familiar with the TL;DR rules of any contest that you have entered: who can enter, how to enter, and what the featured prize is. However, as a business, much more needs to be considered from a state and federal law perspective. There are specific regulations that apply separately to contests, sweepstakes, social media promotions, and even mobile app promotions. An experienced sweepstakes attorney can help your team avoid a firestorm of problems that come with proceeding with any of the types of promotions set forth above.

Here are 9 things that your marketing team needs to know.

[Read More]

FCC Asked to Clarify Scope of TCPA Opt-Out Requests

by David Klein

The Federal Communications Commission (“FCC”) is in the process of evaluating whether to issue a declaratory ruling which would provide clarification on if and how companies are permitted to respond to consumer TCPA opt-out requests.  Such guidance offers the promise of providing much needed certainty to businesses trying to more efficiently manage relationships with their customers.   

What is being asked of the FCC with respect to the TCPA Opt-Out issue?

[Read More]

FTC Investigation Results in $774,755 in Consumer Refunds

by David Klein

The Federal Trade Commission (“FTC”) has settled an investigation  into the business practices of A.S. Research, LLC (“A.S. Research) for allegedly making false and misleading health claims in connection with its advertising and sale of the supplement Synovia. 13,221 consumers who bought Synovia will receive checks totaling $774,755. The settlement with A.S. Research prohibits the company “from misrepresenting the results of any scientific study or endorsement and requires them to disclose any material connections they have with endorsers.” This FTC investigation and settlement serve as a good reminder to businesses that they must adhere to FTC marketing regulations or face stiff penalties and potential reputational harm. 

How do businesses avoid FTC investigations?

[Read More]

How the CPRA Law Overhauls and Updates the CCPA

by David Klein

As readers know, on November 3, 2020, California State voters passed Proposition 24, better known as the California Privacy Rights Act (“CPRA”). The CPRA significantly changes California’s privacy landscape, which was still developing after the recent enactment of the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA’s history mirrors that of the CCPA, the CPRA law should be seen as a significant expansion of the privacy rights set out under the CCPA.

What is the History of the CPRA Law?

[Read More]

How Does the CPRA Compare to the GDPR? Ask a CPRA Lawyer

by David Klein

On election day, California State voters passed Proposition 24, the California Privacy Rights Act (“CPRA”), a measure that strengthens consumer data privacy rights that were originally created by the California Consumer Privacy Act (“CCPA”). The amendments to the CCPA implement a regulatory framework that is, in some respects, closer aligned with that of the European Union’s (“EU”) General Data Protection Regulation (“GDPR”). With the passage of these additional California State consumer data restrictions, businesses should work with a CPRA lawyer to help navigate their compliance obligations. Failure to do so may result in private rights of action and/or investigations by California’s State Attorney General.

What are the similarities between the CPRA and GDPR?

[Read More]

The New CCPA has Passed in to Law. Now When Does it Take Effect?

by David Klein

Since 2018, businesses have been working diligently to hit the ever-moving target of California Consumer Privacy Act (“CCPA”) compliance. Just as the California Attorney General had begun CCPA enforcement, the State has now voted to approve Proposition 24, the California Privacy Rights Act (“CPRA”), to create what amounts to a new CCPA. Like the CCPA, the CPRA will go through a series of changes before its enforcement date. Notwithstanding the foregoing, businesses should begin to prepare for compliance implementation.

What is the CPRA timeline?

[Read More]

New York to Implement New Auto-Renewal Law

by David Klein

On November 11, 2020, New York Governor Andrew Cuomo signed New York State Senate Bill S01475 into law (the “Law”), which requires marketers to provide clear and conspicuous disclosures in connection with all automatic renewal and continuous service offers presented to New York consumers. This auto-renewal Law will go into effect ninety (90) days after it was signed.

What changes are forthcoming?

[Read More]

I Received a CCPA Enforcement Notice! How do I Respond?

by David Klein

On July 1, 2020, the California State Attorney General (“AG”) began enforcement action against businesses that it believes have violated the California Consumer Privacy Act (“CCPA”). In anticipation of the July 1 deadline, it was unclear how the AG would prioritize CCPA enforcement. It was thought that the AG would target the largest businesses for CCPA violations in order to set an example for those companies (large and small) that meet the CCPA thresholds. In reality, the AG has shown no discretion with respect to CCPA enforcement and has sent notices of alleged violation to a large swath of businesses that it believes have not complied with the CCPA. 

What do these notices allege and how should you respond to them?

[Read More]