Journal

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

Maine Enacts Operator-Friendly Fantasy Sports Legislation

August 8, 2017 Maine recently joined the growing list of states (now 15) to legalize fantasy sports by enacting its own legislation that will expressly sanction and regulate fantasy sports contests and their operators within the State.   What are some key provisions of Maine’s fantasy sports regulatory scheme?

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DePaul University Loses Spokeo-Based Challenge to TCPA Lawsuit

August 7, 2017 DePaul University (“DePaul”) recently lost a Spokeo-based challenge to a Telephone Consumer Protection Act (“TCPA”) lawsuit.  The denial, which comes at the very early stages of the TCPA lawsuit, will likely result in a potentially protracted litigation, which involves allegations of unsolicited text message marketing. How does the denial of the Spokeo-based

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The FTC’s Latest Bid to Blacklist Telemarketers

August 4, 2017 This Tuesday, the Federal Trade Commission (“FTC” or “Commission”) announced a new initiative to share consumer complaint-sourced telemarketer data with private businesses that develop call-blocking technology. How will the FTC’s recent move affect telemarketers?

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Platform Provider Hit with Huge TCPA-Based Forfeiture Order

August 3, 2017 On July 26, 2017, the Federal Communications Commission (“FCC”) released a forfeiture order against telemarketing platform provider Dialing Services, LLC (“DS”).  The forfeiture order imposes a $2,880,000.00 penalty for violations of the Telephone Consumer Protection Act (“TCPA”).  The FCC has been investigating DS’s business model and practices dating back to 2012 and,

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Have You Been Threatened with an ADA Website Accessibility Lawsuit?

July 28, 2017 Many business owners are familiar with Americans with Disabilities Act (“ADA”) requirements for physical structures, such as including wheelchair-accessible routes of travel in restaurants.  However, it is less commonly known that the U.S. Department of Justice (“DOJ”) and class action plaintiffs’ attorneys have interpreted the ADA to apply to website accessibility as

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Spotify’s Automatic Renewal Problem Continues

July 27, 2017 Spotify USA, Inc.’s (“Spotify”) efforts to have class action claims regarding its automatic renewal practices dismissed were recently denied by a federal court in California.  The decision represents another data point in the recent upward trend of class action lawsuits involving claimed violations of California’s Automatic Renewal Law (“ARL”). How do Spotify’s

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Twilio Narrowly Avoids TCPA Lawsuit Liability

July 17, 2017 On July 12, 2017, the United States District Court for the Western District of Washington dismissed a putative class action complaint filed against Twilio, Inc. (“Twilio”), alleging that the platform had violated the Telephone Consumer Protection Act (“TCPA”).  In the underlying complaint, the named plaintiff alleged that he had received an unsolicited

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