Journal

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

TCPA Consent – Happy Hour Invites Lead to Text Message Lawsuit

Blog, Journal, Telemarketing Law, Trademark & Copyright Law /

February 13, 2019 On February 7, 2019, Plaintiff Michael Seefeldt (“Seefeldt)” commenced a text message lawsuit in the United States District Court for the Eastern District of Missouri. The named defendants are the Outfield Brew House, LLC d/b/a Budweiser Brew House (the “Brew House”) and Entertainment Consulting International, LLC (“ECI”). The Brew House is a […]

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Internet Marketers Involved in Free Trial Law FTC Settlement

Blog, Internet Law, Journal, Online Marketing & Advertising Law /

February 7, 2019  Last week, the Federal Trade Commission (“FTC”) announced that it will be mailing over $6 million dollars in checks to consumers who purchased certain health-related products and services. This money will be returned to consumers per the terms of a settlement that the FTC reached with three individuals and 19 companies that

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Florida Spa Involved in TCPA Text Messaging Lawsuit

Blog, Journal, Telemarketing Law /

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol

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What is an Advertisement in a TCPA Fax Case?

Blog, Journal, Telemarketing Law /

January 29, 2019 The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act (“TCPA”) with respect to whether a fax transmission violated the statute.  In particular, the TCPA fax case required the court to decide whether the subject fax transmission constituted an advertisement

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Justice Department Releases Wire Act Opinion Letter

Blog, Data & Privacy Law, Internet Law, Journal, Online Gambling Law /

January 21, 2019 The Office of Legal Counsel for the United States Department of Justice (“DOJ”) has released an opinion updating the DOJ’s interpretation of the federal Wire Act.  The new Wire Act opinion letter expands the scope of the Wire Act’s interstate prohibitions as they have existed since 2011.  However, given the potentially drastic

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Automatic Renewal Law Awaiting Mayor Approval in Washington D.C.

Journal /

January 17, 2019  Washington D.C. is in the process of enacting the Structured Settlements and Automatic Renewal Protections Act of 2018 (the “Act”). In part, the automatic renewal law Act would place new restrictions on businesses that sell goods or services to consumers pursuant to a contract that automatically renews. What are the key provisions

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Night Club Accused of TCPA Text Messaging Violations

Blog, Journal, Telemarketing Law /

January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub.  The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act

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