Journal

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

Another TCPA Class Action Dismissed on “Prior Express Consent” Grounds

Leave a Comment / Blog, Data & Privacy Law, Journal, Telemarketing Law /

On February 27, 2014, the United States District Court for the Western District of Washington ruled that a plaintiff who provided his mobile telephone number in connection with registering for a local car-sharing service gave “prior express consent” (within the meaning of the Telephone Consumer Protection Act (“TCPA”)) to be contacted via text message by […]

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ADT Settles Fake Online Review Suit with FTC

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Much like the recent actions taken by the New York Attorney General, the Federal Trade Commission (“FTC”) has been cracking down on fake online review practices.  According to the FTC’s Product Endorsement and Testimonial Guidelines, it is a violation of the FTC Act where advertisers use testimonials if they are not accompanied by generalized information

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Federal Judge Rejects TCPA Class Action Settlement

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On February 26, 2014, a federal judge for the United States District Court for the Western District of Washington rejected an attempt to settle a class-action Telephone Consumer Protection Act (“TCPA”) lawsuit against Best Buy.  The lawsuit was commenced in April, 2010.  The parties began negotiating a settlement in April of 2013 and by December

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Supreme Court Declines Review of “Gambling is a Game of Skill” Internet Poker Ruling

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In September, 2012, we blogged about the federal district court ruling in United States v. DiCristina.  (See Federal Judge Rules “Texas Hold‘em” is Game of Skill, Not “Gambling” Under Illegal Gambling Business Act).  The case involves a defendant arrested and charged with violating the federal Illegal Gambling Business Act  (“IGBA”) for running a game of

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Nevada and Delaware Reach Historic Online Poker Partnership and Other Gaming News

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Nevada and Delaware Interstate Online Poker Compact We previously detailed the passage of an amendment to Nevada’s online poker law that allowed Nevada’s governor to reach agreements to create joint player pools with residents of other states.  Despite having the authority to enter into such interstate online poker compacts for almost one year, no agreement had yet been

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Playing Fantasy Sports for Money: Staying Penalty Free

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Looking for the Rulebook The rules pertaining to fantasy sports contests that require an entry fee, and that pay out cash prizes, vary by jurisdiction, and the legality of such fantasy sports contests is often determined by various features of the contests themselves. In terms of federal law, the 2006 Unlawful Internet Gambling Enforcement Act

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California Court Defines “Prior Express Consent” under the TCPA

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A United States District Court for the Central District of California recently ruled that a plaintiff who provided her telephone number to purchase an airline ticket gave “prior express consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”) to be contacted by or on behalf of the airline.  The action involved an airline

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