A Beginner’s Guide to TCPA Litigation Defense
You have just been served with a complaint that alleges that your company violated the Telephone Consumer Protection Act (“TCPA”). The Complaint alleges that a
March 30, 2021 No Comments
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Technology, Telemarketing and Internet Law Blog
Klein Moynihan Turco’s lawyers frequently write blogs, articles, and are featured in publications focusing on law topics such as TCPA, telemarketing, Internet marketing, sweepstakes, gaming law and technology law.
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Wire Act Law Developments
The last decade has seen significant legal gyrations surrounding the field of federal Wire Act law, with each development drawing substantial attention and scrutiny. The
March 24, 2021 No Comments
Affiliate Marketing Attorneys: Why You Need One
Affiliate marketing networks (as well as internal affiliate marketing programs) present businesses with an effective means of leveraging a large pool of independent marketers (“publishers”
March 19, 2021 No Comments
TCPA Wrong Number Litigation: A Class Action Story
Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This
March 18, 2021 No Comments
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An Ad or not an Ad: NY Weighs in on TCPA Surveys
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
April 13, 2021 No Comments
Be Specific: TCPA Standing in the Eleventh Circuit
Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the
April 7, 2021 No Comments
BREAKING NEWS: Supreme Court Issues Huge Decision in Facebook TCPA Law Case
On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid
April 1, 2021 No Comments
An Ad or not an Ad: NY Weighs in on TCPA Surveys
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
April 13, 2021 No Comments
UK and US Social Media Influencer Laws
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
April 9, 2021 No Comments
FTC to Pay Consumers for Retailer’s Alleged Mail Order Rule Violations
On March 25, 2021, the Federal Trade Commission (“FTC”) announced that it will pay approximately $6.5 million to more than 500,000 consumers who were affected
March 31, 2021 No Comments
California Attorney General Announces New CCPA Changes
California Attorney General Xavier Becerra first announced changes to the California Consumer Privacy Act (“CCPA”), effective March 15, 2021. In August 2020, the Office of
March 17, 2021 No Comments
Federal Privacy Law: One National Standard
On March 10th, Congresswoman Suzan DelBene (D-WA) introduced the Information Transparency and Personal Data Control Act (the “Act”). The Act is intended to create a
March 12, 2021 No Comments
UPDATE: Virginia Privacy Bill Signed into Law
Recently, we blogged that both houses of the General Assembly of Virginia had voted to approve the Consumer Data Privacy Act (“CDPA” or “Virginia Privacy
March 4, 2021 No Comments
New York Sweepstakes Law: Are You Compliant?
In general, a lottery exists when entrants pay for the chance to win a prize. States alone reserve the right to administer lotteries. Businesses can
April 16, 2021 No Comments
Agreement Reached to Enact NY Sports Gambling 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
April 12, 2021 No Comments
Running a Sweepstakes? Beware of Triggering the Sweepstakes Consideration Element
Businesses often employ sweepstakes promotions as a marketing vehicle to promote their goods and services. Sweepstakes can also constitute the business itself, e.g., Publishers Clearing
April 5, 2021 No Comments
W3C Unveils New WCAG Compliance Rules
On January 21, 2021, the World Wide Web Consortium (“W3C”) released the First Public Working Draft of its new Web Content Accessibility Guidelines (“WCAG”), which
February 10, 2021 No Comments
Website ADA Lawsuit Filed Against Golden State Warriors
The Golden State Warriors (the “Warriors”) are the latest high-profile company to have a website-related American with Disabilities Act (“ADA”) lawsuit filed against them. On
January 27, 2021 No Comments
New York to Implement New Auto-Renewal Law
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
November 24, 2020 No Comments
How ShowingTime’s Privacy Policy Ties Zillow’s Hands
Written by Patrick Kearns for Inman.com February 16, 2021 In the wake of Zillow’s acquisition of ShowingTime, real estate agents who used the platform were concerned about
February 17, 2021 No Comments
1st Circ. Ruling Is A High-Wire Act For Sports Betting Market
By Zachary Zagger Law360 (January 25, 2021, 9:47 PM EST) — The First Circuit’s recent ruling that the federal Wire Act’s prohibition on interstate communications for
January 26, 2021 No Comments
Consent To Call? Internet Leads and the Telephone Consumer Protection Act
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial
September 28, 2020 No Comments