Journal

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

ICANN Seeking GDPR Interpretation from German Court

June 21, 2018 On May 25, 2018, Europe’s General Data Protection Regulation (“GDPR”) went into effect to provide a set of standardized data protection laws across all of the European member countries. That same day, the Internet Corporation for Assigned Names and Numbers (ICANN) filed an injunction against EPAG Domaineservices GmbH (“EPAG”), a Tucows-owned registrar […]

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TCPA Lawsuit Tests Definition of ATDS After ACA International

June 20, 2018 Aaron’s Inc. (“Aarons”), a prominent lessor of furniture, appliances and electronics, was recently named as a defendant in a nationwide class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”).  This TCPA lawsuit is one of many recent cases that involve the definition of automatic telephone dialing systems (“ATDS”) within

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South Carolina’s New State Telemarketing Law

June 15, 2018  On May 18, 2018, Governor Henry McMaster of South Carolina signed the Telephone Privacy Protection Act (the “Act”) into law. The new State telemarketing law is intended to curb caller ID spoofing and promote transparency by requiring marketers to comply with terms similar to federal telemarketing regulations. How will the new State

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New Jersey Legalizes Sports Gambling

June 14, 2018 New Jersey Governor Phil Murphy signed sports gambling legislation into law this week.  As the jurisdiction that led the effort which culminated in the Supreme Court decision striking down the Professional and Amateur Sports Protection Act (“PASPA”), all interested eyes had been on New Jersey to see how aggressively the State would

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FTC Files Lawsuit for Widespread Telemarketing Law Violations

June 11, 2018 The Federal Trade Commission (“FTC”) recently filed a lawsuit in connection with violations of federal telemarketing law and related conduct that allegedly began as early as 2001.  The FTC sued an enterprise of entities and their owners, which it claims are recidivist violators of federal telemarketing laws, having been subpoenaed, investigated, and

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Website ADA Lawsuit Ruling Denies Telephone Auxiliary Aid Defense, but Limits Damages

June 7, 2018  On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act (“ADA”) is also a violation of the Unruh Act. Plaintiff, a resident

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