Journal

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

TCPA Fax Class Action Lawsuit Dismissed

December 18, 2017 A fax class action lawsuit in the United States District Court for the Eastern District of Missouri brought under Telephone Consumer Protection Act (“TCPA”) against various marketing entities and their respective individual owners was recently dismissed.  In a ruling based on personal jurisdiction, the Court decided that it violated the marketers’ due […]

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First Ever Organic Marketing Advertising Case Settles with FTC

December 14, 2017 The Federal Trade Commission (“FTC”) recently announced that it reached a settlement in its first ever “organic” marketing case against Moonlight Slumber, LLC (“Moonlight”). If you are familiar with Aziz Ansari’s position on thread count, then you would imagine that Aziz, like the FTC, would not be pleased with allegedly non-organic mattresses.

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Supplement Marketing Firm Settles FTC Lawsuit for $800,000

December 5, 2017 Last week, Health Research Laboratories, LLC (“HRL”) and its owner/operator agreed to pay $800,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit for engaging in allegedly deceptive supplement marketing practices.   How can supplement marketers stay legally compliant?

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Fast Food Chain Hit with Class Action Text Message Lawsuit

November 27, 2017 Earlier this month, a putative class action text message lawsuit was filed in a Chicago federal district court against Checkers Drive-In Restaurants, Inc. (“Checkers”) and its affiliate mobile marketer, alleging violations of the Telephone Consumer Protection Act (“TCPA”). Why should sellers and mobile marketers ensure that their text messages are TCPA compliant?

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Online Lingerie Marketer Settles Negative Option Lawsuit With FTC

November 22, 2017 The Federal Trade Commission (“FTC”) has announced that online lingerie marketer AdoreMe, Inc. (“AdoreMe”) has settled claims alleging that its deceptive negative option enrollment and cancellation practices violated both Section 5 of the FTC Act and the Restore Online Shoppers’ Confidence Act.  The underlying complaint in the negative option lawsuit alleged improper

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Class Action Lawsuit over Asahi Beer Labels Lives On

November 17, 2017 Last month, a federal district court in Los Angeles refused to dismiss a putative class action lawsuit filed against Asahi Beer U.S.A., Inc. (“Asahi”) amidst allegations that the brewery’s Asahi Super Dry beer labels are deceiving consumers. How can a brewery lawyer help keep craft breweries on schedule and legally compliant?

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Connecticut Takes Major Step Towards Fantasy Sports Legalization

November 14, 2017 After months of struggling under the weight of competing interests, Connecticut’s Governor recently signed into law a State budget that includes provisions for the legalization and regulation of daily fantasy sports.   Those in the industry should view this development as a welcome surprise, as it had long been anticipated that the prolonged

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Coachella, Trademark Lawyers Want “Filmchella” Organizer Held in Contempt

November 13, 2017 Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival’s producer, Goldenvoice, LLC (collectively, “Coachella”), asked a Los Angeles federal district court to hold a would-be film festival organizer in contempt of court for purportedly refusing to comply with Coachella’s previously granted motion for preliminary

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