Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.
On July 11, 2014, the Federal Trade Commission (“FTC”) announced a $3.5 million settlement with TriVita, Inc. (“TriVita”), Ellison Media Company (“EMC”) and their respective principals. The FTC filed a complaint against the parties on July 10, 2014 in the United States District Court for the District of Arizona. The FTC alleged that TriVita and […]
Cactus Juice Marketers Agree to Pay $3.5 Million to FTC Read More »
We previously detailed the passage of an amendment to Nevada’s online poker law that allows Nevada’s governor to reach agreements to create joint player pools with residents of other states. Since passage of the amendment, Nevada has entered into an interstate online poker compact with Delaware, and it is widely believed that an agreement with New Jersey will soon follow. Despite both
Interstate Online Poker Websites May Soon Be Linked Through One Online Portal Read More »
#142633242 / gettyimages.com The Federal Trade Commission (“FTC”) recently sued Amazon.com (“Amazon”) in the action captioned Federal Trade Commission v. Amazon.com, Inc., Case No. 14-CV-1038 (W.D. Wash.), for an alleged scheme involving deceptive in-application charges. The In-App Charge Scheme According to the Complaint, Amazon offers thousands of apps through its mobile app store, including games
FTC Sues Amazon For Alleged In-App Purchasing Scheme Targeting Children Read More »
Earlier this month, Duke University and the estate of actor John Wayne (incorporated as John Wayne Enterprises, LLC (“JWE”)) became embroiled in a lawsuit concerning the use of the word “Duke,” John Wayne’s nickname, in connection with the marketing and sale of whiskey. According to the documents filed in the Middle District Federal Court of
Duke University and John Wayne Duke It Out over Trademark Rights Read More »
On July 2, 2014, the United States Court of Appeals for the Ninth Circuit issued a ruling outlining the vicarious liability pleading standard under the Telephone Consumer Protection Act (“TCPA”). Since the Federal Communications Commission’s (“FCC”) declaratory ruling in the Dish Network matter (See FCC Issues New TCPA Ruling on Telemarketing Liability), which held that
Ninth Circuit Outlines TCPA Vicarious Liability Standard Read More »
The Federal Trade Commission (“FTC”) recently filed its amended complaint in the action captioned Federal Trade Commission v. Acquinity Interactive, LLC, et al., Case No. 14-CV-60166 (S.D. Fl.), naming the owners of several companies allegedly engaged in a text message and robocall scheme involving offers for “free” merchandise, such as gift cards and iPads. The
FTC Sues Corporate Officers For Alleged Robocall and Text Message Marketing Scheme Read More »
What is Canada’s Anti-Spam Legislation (“CASL”)? CASL was passed into law on December 15, 2010, over vigorous objection by various business interests, and became effective on July 1, 2014. CASL can best be understood as a draconian, Canadian hybrid of the U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”) and the
New Canada Anti-Spam Legislation (CASL): A Litigation Perspective Read More »
Despite the fact that Canada’s Anti-Spam Law (“CASL”) was enacted almost three (3) years ago, its implementing regulations just went into effect on July 1, 2014. CASL Generally In comparison to the CAN-SPAM Act, CASL is a much more restrictive law, encompassing a wider variety of communications. While the CAN-SPAM Act only targets communications sent via
CASL Consent Requirements Read More »