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

Fantasy Sports Contests: Avoiding Civil and Criminal Liability

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The Unlawful Internet Gambling Enforcement Act of 2006 (“UIGEA”) prohibits any person engaged in the business of betting or wagering from knowingly accepting payments in connection with the participation by another person in unlawful Internet gambling.   Violation of this statute may result in criminal penalties, including monetary fines and imprisonment for up to five (5) […]

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Yahoo! Pulls the Plug on Do-Not-Track Mechanism

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#119384310 / gettyimages.com In November of 2011, the World Wide Web Consortium, an international organization that develops privacy and safety standards for the Internet, proposed a Do-Not-Track mechanism that would allow users to control their privacy settings via an easy to use Do-Not-Track header on their browsers.  Through this header, which the World Wide Web

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Express Consent on TCPA Debt Collection Calls

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A recent federal district court ruling provides more guidance on how courts define “express consent” under the Telephone Consumer Protection Act (“TCPA”) in the debt collection setting.  In Sharp v. Allied Interstate Inc., the court relied on earlier Federal Communications Commission (“FCC”) rulings that had found that prior express consent had been provided by consumers

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Summary of the Newly Proposed E-Cig Regulations

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Amidst New York City, Chicago and Los Angeles implementing citywide indoor bans on e-cigs, the Food and Drug Administration (FDA) released its proposed e-cig regulations last week, more than a year after their originally scheduled release date.  In this post, we will provide a broad summary of the much-anticipated e-cig regulations. New E-Cig Regulations Currently,

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Burger King Can’t Have it Its Way: TCPA Class Action Continues

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  The United States District Court for the District of Maryland recently refused to dismiss a putative Telephone Consumer Protection Act (“TCPA”) class action filed against Burger King Corp. (“Burger King”), for allegedly sending thousands of unauthorized facsimile messages advertising its food delivery services. Plaintiff, a realty corporation, argued that Burger King had violated the

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Help! I Was Named Personally in a TCPA Lawsuit

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What is the TCPA? The Telephone Consumer Protection Act (“TCPA”) was enacted in 1991. On October 16, 2013, the last of the most recent amendments to the TCPA regulations went into effect. The TCPA, with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages for having received unsolicited telemarketing

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FTC Reminds WhatsApp That It Must Stand By Privacy Policy Promises After Facebook Acquisition

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Earlier this month, the Director of the Federal Trade Commission’s Bureau of Consumer Protection (“FTC”) sent a joint letter to Facebook, Inc. (“Facebook””) and WhatsApp Inc. (“WhatsApp”) in anticipation of Facebook’s acquisition of WhatsApp, an instant messaging service with hundreds of millions of users worldwide.  While hailing WhatsApp’s Privacy Policy, the FTC reminded WhatsApp and

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