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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.

More Data Brokers Targeted in Senate Commerce Committee Investigation

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Senate Commerce Committee Chairman Jay Rockefeller recently expanded his investigation into the data broker industry, focusing specifically on the compilation and sale of products that identify consumers based on their financial vulnerability or health status. Rockefeller initially launched the investigation in October 2012 to uncover how consumers’ personal information was being collected, shared and used. […]

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California v. Overstock.com: A Cautionary Tale about Comparative Advertising

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On January 3, 2014, the Superior Court of the State of California issued a tentative ruling and proposed statement of decision, finding that the online merchant Overstock.com had made untrue and misleading comparative advertising claims in connection with the pricing of its products.  District attorneys from seven separate California counties initiated the lawsuit against Overstock.com

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Iowa and Arizona May Soon Legalize Fantasy Sports

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Iowa Fantasy Sports Bill Approved by Senate Subcommittee In a previous post, we detailed the developments of Iowa’s newly-proposed fantasy sports bill that is currently assigned to an Iowa State Senate subcommittee for approval.  Unlike the previous incarnation of the fantasy sports bill, which died within a Senate subcommittee,  the current bill was approved by

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Alleged Text Message Spammer Settles with FTC

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The Federal Trade Commission (“FTC”) recently entered into a court-approved settlement agreement with Jason Q. Cruz, individually and doing business as Appidemic, Inc., who was accused of transmitting unsolicited commercial text messages offering consumers free merchandise, including $1,000 gift cards to large retailers and iPads. According to the FTC, none of the merchandise actually was

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Telemarketers Charged with Deceptive Marketing to Pay $14 Million Penalty for Violating Injunction Order

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In 2008, Bryon Wolf and Roy Eliasson settled deceptive marketing charges filed against them and their company, Suntasisa Marketing, Inc., by the Federal Trade Commission (FTC).  Mr. Wolf and Mr. Eliasson were ordered to pay $11 million dollars for deceptively marketing their products in violation the Federal Trade Commission Act.  As part of the settlement,

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FCC Holding of Vicarious Liability under TCPA Stands

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On May 9, 2013, the Federal Communications Commission (“FCC”) issued a declaratory ruling which found that Dish Network, LLC may be held vicariously liable for a third-party marketer’s violations of the Telephone Consumer Protection Act of 1991 (“TCPA”).  Last year we told you that the FCC ruled that sellers “may be held vicariously liable” for the

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FTC Begins Cracking Down on Phony Affordable Care Act Marketing

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The first Affordable Care Act-related action has been filed by the Federal Trade Commission (“FTC”) against an email marketer and its owner for allegedly violating the CAN-SPAM Act and FTC Act for sending unsolicited commercial email messages to consumers. The Complaint was filed in Florida federal court and alleges that the purpose of the email

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