Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.
April 18, 2018 The Federal Trade Commission (“FTC”) entered into a settlement agreement this week with dozens of related entities and their individual owners in connection with a negative option marketing operation. The FTC had commenced a lawsuit against the parties alleging that the individual owners operated nearly sixty (60) companies that sold personal care […]
FTC Settles Negative Option Lawsuit Read More »
April 17, 2018 On May 25, 2018, a new data protection regulation entitled General Data Protection Regulation (“GDPR”), Regulation (EU) 2016/689, will come into force in the European Union (“EU”) and its 28 Member States. The GDPR provides significant new data privacy protections for individuals (“data subjects”), with corresponding requirements that must be implemented by
GDPR: The EU’s New Data Protection Law Read More »
In February of this year, legislation was initiated to expand the existing California anti-spam law to provide stricter requirements applicable to any person or entity initiating or advertising in a commercial email advertisement either sent from California or to a California email address. How Will the New Legislation Affect Commercial Email Advertising?
California Anti-Spam Bill Would Add Restrictions on Commercial Email Advertising Read More »
April 11, 2018 The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the State of Washington’s gamling law, known as the Recovery of Money Lost at Gambling Act (“the RMLGA”), that could have broad implications for online gaming platforms. In the lawsuit, Plaintiff Cheryl Kater (“Kater”) sued Defendant
Gaming Law in Washington State: Court Rules that Virtual Chips are “Things of Value” Read More »
April 9, 2018 In early March, the Federal Communications Commission (“FCC”) issued a notice indicating that it is proposing to address the issue of Telephone Consumer Protection Act (“TCPA”) liability for dialing reassigned numbers, and seeks comment about how to go about same. What are the FCC’s proposed solutions and how might they impact
FCC Issues Notice of Proposed TCPA Rulemaking on Reassigned Numbers Read More »
April 6, 2018 Earlier this year, a federal district court in the State of Illinois certified a class action sweepstakes lawsuit in which an Illinois consumer alleged that HMI Industries, Inc., TD Bank, and A-1 Allergy Relief, Inc. violated the Illinois Prizes and Gifts Act, 815 ILCS 525/1, et seq. (“Prizes and Gifts Act”), Illinois
Prizes and Gifts Act Sweepstakes Lawsuit Read More »
The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. http://www.njconsumeraffairs.gov/Statutes/Consumer-Fraud-Act.pdf. While the CFA is
March 30, 2018 Last week, a federal district court in the Commonwealth of Massachusetts denied a motion to dismiss based on personal jurisdiction in a website accessibility lawsuit brought under Title III of the Americans with Disabilities Act (“ADA”). This website ADA lawsuit was filed by Massachusetts resident, Stephen Théberge (“Théberge”), who is legally blind,
Website ADA Lawsuits and Personal Jurisdiction Read More »