Journal

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

New Canada Anti-Spam Law (CASL) Regulations Take Effect

July 13, 2017 This month marks a significant milestone for Canada’s Anti-Spam Law (“CASL”), which was passed into law in 2010 and became effective in 2014.  CASL, which is widely regarded as the strictest anti-spam legislation in the world, prohibits all commercial electronic messages (“CEMs”) that are sent to or from Canada without proper consumer consent, […]

New Canada Anti-Spam Law (CASL) Regulations Take Effect Read More »

Indiana’s Slow Implementation of Fantasy Sports Law

July 10, 2017 It has been a year since Indiana’s fantasy sports law went into effect.  Nevertheless, in that time, the Hoosier State has only issued fantasy sports licenses to three operators, while alerting several other companies to cease their Indiana-related operations for lack of licensure. Why have so few fantasy sports operators obtained licenses

Indiana’s Slow Implementation of Fantasy Sports Law Read More »

App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing

July 7, 2017 Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app. How can text message marketers protect themselves from TCPA liability?

App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing Read More »

TCPA Consent Can be Revoked?  One Court Says Not So Fast!

July 6, 2017 On June 22, 2017, the United States Court of Appeals for the Second Circuit ruled that consent provided by consumers to businesses within the meaning of the Telephone Consumer Protection Act (“TCPA”) cannot be revoked if such consent was “part of a bargained-for exchange” in a written contract.  Specifically, the Court asked,

TCPA Consent Can be Revoked?  One Court Says Not So Fast! Read More »

Working with Data Brokers?  Consult a Privacy Lawyer

June 23, 2017 This month, Trusted Media Brands, Inc. (“TMBI”) – the publisher of Reader’s Digest, Every Day with Rachael Ray and other popular magazines – settled a federal class action lawsuit in Manhattan for over $8 million, reinforcing the importance of consulting with an experienced privacy lawyer when collecting and/or selling customers’ personally identifiable

Working with Data Brokers?  Consult a Privacy Lawyer Read More »

Honest Settles “Natural” Product Advertising Class Action

June 15, 2017 This Monday, The Honest Company, Inc. (“Honest”) and two named plaintiffs notified a federal district court in Manhattan that the parties have settled their lawsuit on a class-wide basis in connection with Honest’s “natural” product advertising. How can product manufacturers protect themselves from similar legal risk?

Honest Settles “Natural” Product Advertising Class Action Read More »