Journal

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

TCPA Law – The Evolving Definition of ATDS

August 9, 2018 Last week, a federal district court in the State of Michigan denied a motion for summary judgment based, in part, on the classification of automatic telephone dialing systems (each, an “ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”).  This TCPA law action was filed by Kevin A. Gary (“Plaintiff”) […]

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Tribal Gaming Ruling: Betting on “Desert Rose Bingo” Violates UIGEA

August 8, 2018 The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the Unlawful Internet Gaming Enforcement Act (“UIGEA”) that could have broad implications for online tribal gaming. In the lawsuit, the State of California and the United States (the “Government”) sought an injunction to prohibit the Iipay

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Court Says that Ringless Voicemail Messages are TCPA Calls

In a ruling that will have far reaching implications, a federal court in Michigan recently found that ringless voicemail messages are calls for purposes of the Telephone Consumer Protection Act (“TCPA”). What are ringless voicemails and why did the Court rule that they are TCPA calls?

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Las Vegas Golden Knights Enter into Coexistence Agreement with U.S. Army

August 3, 2018  The Las Vegas Golden Knights (“Golden Knights”) hockey team must be in the running for the feel-good sports story of the year. As an expansion team, they made it all the way to the Stanley Cup finals, making them the first modern-era expansion team from any of the four major sports leagues

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Website Accessibility Lawsuit Calls Foul on the Miami Heat

August 2, 2018  A Florida man has brought a class action lawsuit against the Miami Heat Limited Partnership (“Miami Heat”) for violating Title III of the Americans with Disabilities Act (“ADA”). Andres Gomez, the Plaintiff named in the website accessibility lawsuit against the Miami Heat, is alleging that, as a blind man, the Miami Heat’s

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Does the California Consumer Privacy Act Apply to Your Business?

August 1, 2018  On June 28, 2018, California passed the California Consumer Privacy Act (“CCPA”), which will go into effect on January 1, 2020. Previously, we discussed how the CCPA will regulate how businesses should handle consumers’ personal data. However, before businesses prepare for CCPA compliance, they should first determine whether the CCPA even applies

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Group of 14 Senators Seek Consumer-Friendly TCPA Law Protections in Letter to FCC

July 31, 2018  Last month, a group of 14 United States Senators from the Democratic Party sent a letter (the “Letter”) to the Federal Communications Commission (“FCC”) in response to two (2) FCC Public Notices seeking comments on a proposed rulemaking concerning certain provisions of the Telephone Consumer Protection Act (“TCPA”). The Letter urges the

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Motion to Transfer Venue in Sweepstakes Law Action Granted

July 30, 2018  Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan (“Raymour”), pursuant to a forum-selection clause contained in its Sweepstakes Official Rules (“Sweepstakes Agreement”). Evelyn Manopla, the Plaintiff named in the sweepstakes law class action against Raymour, argued that

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