Journal

Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.

New York Privacy Law Could be Strictest in the Country

July 9, 2019 On May 9, 2019, New York State Senator Kevin Thomas introduced S5642, the New York Privacy Act (the “Act”), to amend the general business law in relation to the management and oversight of consumer personal information. Senator Thomas, citing a 2014 Pew survey, is concerned that Americans may have lost control over […]

New York Privacy Law Could be Strictest in the Country Read More »

CCPA Compliance: Consumer Information Requests, Data Mapping and the California Consumer Privacy Act (CCPA)

July 8, 2019 Similar to the EU’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) grants consumers the right to submit an information request to (and obtain certain information from) businesses with respect to how those businesses collect, store, process, use and share the subject consumers’ personal information.  Under the statute, in

CCPA Compliance: Consumer Information Requests, Data Mapping and the California Consumer Privacy Act (CCPA) Read More »

FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks

June 27, 2019 On June 24, 2019, in a 6-3 decision, the United States Supreme Court ruled that barring the registration of the trademark “Fuct” would infringe upon the applicant’s First Amendment rights. In 2011, Mr. Erik Brunetti (“Applicant”) applied to register the word mark “Fuct,” an acronym that (he maintains) was derived from the

FUCT?: Trademark Law Ruling Will Protect Certain Immoral and/or Scandalous Marks Read More »

CCPA Compliance: Service Provider Agreements and the California Consumer Privacy Act (CCPA)

June 26, 2019 Although the CCPA is not due to go into effect until January 1, 2020, businesses should take the necessary steps to ensure full CCPA compliance well ahead of that date. By way of background, the California Consumer Privacy Act (“CCPA”) is a consumer-friendly privacy law that mirrors the EU’s General Data Protection

CCPA Compliance: Service Provider Agreements and the California Consumer Privacy Act (CCPA) Read More »

Supreme Court Addresses TCPA Fax Issue

June 24, 2019 As the United States Supreme Court (“SCOTUS”) wraps up its term, it released a decision concerning whether a federal district court is obligated to follow a Federal Communications Commission Order (“FCC”) regarding the junk fax provisions of Telephone Consumer Protection Act (“TCPA”).   Industry pundits had been patiently awaiting a decision on the

Supreme Court Addresses TCPA Fax Issue Read More »

USPS Introduces New CBD Mailing Policy

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD

USPS Introduces New CBD Mailing Policy Read More »

Companies Selling E-Liquids Must Follow Endorsement Guides

June 18, 2019 On June 7, 2019, the U.S. Food and Drug Administration (“FDA”) and the Federal Trade Commission (“FTC”) together issued four warning letters to companies manufacturing and marketing flavored e-liquid tobacco products in connection with their failure to include required nicotine warning statements in social media posts.  Under the Federal Food, Drug and

Companies Selling E-Liquids Must Follow Endorsement Guides Read More »