Journal

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

Sweepstakes Rules - Carved in Stone - Klein Moynihan Turco LLP

Sweepstakes Rules: Carved in Stone

Promotional contests and sweepstakes are increasingly popular marketing methods. However, many prospective sweepstakes operators may not be aware of or fully understand the importance of the sweepstakes rules governing the applicable contests. Unlike other marketing means, sweepstakes promotions cannot be adjusted or terminated mid-campaign, based simply on the desires of the sponsor. The parameters of the […]

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Telemarketing List Management Agreements: Age of Consent

Telemarketing List Management Agreements: Age of Consent

Through the course of interacting with consumers, and in connection with various ongoing commercial relationships with those consumers, business owners of all kinds are frequently able to amass a valuable database of consumer telephone numbers.  Where permitted by the applicable privacy policy, as well as the specific telemarketing-related consent obtained from the subject consumers at

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TCPA Class Action Lawsuit Defense: A Primer

TCPA Class Action Lawsuit Defense: A Primer

The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has exploded in the past few years. Congress and regulators cannot seem to keep up with new technology and new marketing methods, making the TCPA more patchwork quilt than finished product. Recent court decisions have had to fill in gaps in the TCPA, with new

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Avoid Deceptive Internet Marketing Claims- Klein Moynihan Turco LLP

Avoid Deceptive Internet Advertising Claims with These 3 Factors

Article photo by https://ethereumcode.io/ The Federal Trade Commission (“FTC”) and state attorneys general have made clear that businesses that engage in “misleading” or “deceptive” advertising will face stiff penalties, including fines. If you use the Internet to market products or services, you need to be aware of the laws applicable to deceptive advertising.

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Promotional Marketing Concerns Associated with Online and Mobile Media- KMT

Promotional Marketing Concerns Associated with Online and Mobile Media

The use of promotions and contests in connection with online and mobile marketing can be a dynamic and cost-effective way to increase conversions, build a database of engaged consumers and increase brand awareness. However, businesses must be aware of the fact that governmental entities, such as the Federal Trade Commission (“FTC”), are tasked with regulating,

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Civil Investigative Demand- Klein Moynihan Turco

How to Respond to a Civil Investigative Demand

A Civil Investigative Demand (“CID”) is a discovery tool utilized by regulatory bodies. It is essentially an administrative subpoena to obtain documentary materials, and other information that may be in your possession, custody, or control. Such information may be relevant to a regulatory investigation into possible business practice violations. You may first hear from the

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New Jersey's Sports Gambling Marketing- Klein Moynihan Turco

New Jersey Becomes America’s Largest Sports Betting Market

In June 2018, legal sports betting in New Jersey became a long-awaited reality. There are currently eight online/mobile platforms offering sports gambling in New Jersey. To generate business through sports gambling marketing, the sportsbooks utilize the services of affiliates (i.e., entities and individuals involved in promoting, marketing, and directing business to online sports gambling websites). 

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