Journal

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

Colorado Casino offers new sports-betting gambling mobile app

Colorado Tribe Pushes Legal Boundary With New Sports-Betting App

Sky Ute Casino Resort in Colorado is one of the first tribes to offer a mobile app for sports-betting that could face legal challenges. By Tony Batt GamblingCompliance (June 15th, 2020) — Although it remains to be seen if the first Native American casino sports-betting app will face legal challenges, the launching of the app …

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Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

A New York State appellate court has issued a ruling on daily fantasy sports that could change the State’s constitutional ban on gambling. By Zachary Zagger Law360 (February 11, 2020, 10:21 PM EST) — A New York state appellate court has thrown daily fantasy sports into hot water by finding that contests like those offered …

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All the Scary Ways Health Apps are Using Your Data

By Melkorka Licea. New York Post (November 11, 2019, 6:53 PM EDT) — Is fitness tech counting steps — or overstepping? Last week, Twitter users flew into a panic after learning that Google is acquiring Fitbit, the trendy fitness-tracking watch, for $2.1 billion. The freakout centered on user data — specifically, Fitbit users’ concerns that their …

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Opt-Out Request under TCPA Law KMT

What is an Opt-Out Request Under TCPA Law?

On November 1, 2019, Capital One Services, LLC (“Capital One”), filed a Petition for a Declaratory Ruling with the Federal Communications Commission (“FCC”) to determine whether it may send, without violating the Telephone Consumer Privacy Act (“TCPA”), one-time text messages to clarify the scope of ambiguous opt-out requests that it periodically receives from its customers. …

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FTC Clarifies Influencer Law with New Sponsorship Disclosure Guide

On November 5, 2019, the Federal Trade Commission released a new guide, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose …

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Personal TCPA Liability for Corporate Officers

November 6, 2019 Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers.  While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for …

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Iowa Fantasy Sports Becomes Reality

November 1, 2019 In an effort several years in the making, Iowa recently issued the State’s first fantasy sports license to DraftKings, Inc. (“DraftKings”).  DraftKings wasted no time in getting its operations up and running, having launched its Internet-based Iowa fantasy sports service to the public in recent weeks. What are some notable provisions of …

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