Journal

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

TTAB trademark decision

TTAB Trademark Decision Finds No Confusion Between CHINOOKR’D IPA and CHINOOK Wine

Blog, Journal, Trademark & Copyright Law /

W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of CHINOOK for beer on the […]

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TCPA ATDS

SCOTUS Hears Argument to Settle TCPA ATDS Definition

Blog, Data & Privacy Law, Journal, Telemarketing Law /

The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid.  The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition.  For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been

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tcpa

Consent To Call? Internet Leads and the Telephone Consumer Protection Act

Blog, Journal, Publications, Telemarketing Law /

On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.

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Colorado Casino offers new sports-betting gambling mobile app

Colorado Tribe Pushes Legal Boundary With New Sports-Betting App

Publications, Sweepstakes & Gaming Law /

Sky Ute Casino Resort in Colorado is one of the first tribes to offer a mobile app for sports-betting that could face legal challenges. By Tony Batt GamblingCompliance (June 15th, 2020) — Although it remains to be seen if the first Native American casino sports-betting app will face legal challenges, the launching of the app

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Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

Daily Fantasy Ruling Could Spur Change To NY Gambling Ban

Blog, Online Gambling Law, Publications /

A New York State appellate court has issued a ruling on daily fantasy sports that could change the State’s constitutional ban on gambling. By Zachary Zagger Law360 (February 11, 2020, 10:21 PM EST) — A New York state appellate court has thrown daily fantasy sports into hot water by finding that contests like those offered

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What is An Opt-Out Request Under TCPA Law? - Klein Moynihan Turco LLP

What is an Opt-Out Request Under TCPA Law?

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

On November 1, 2019, Capital One Services, LLC (“Capital One”), filed a Petition for a Declaratory Ruling with the Federal Communications Commission (“FCC”) to determine whether it may send, without violating the Telephone Consumer Privacy Act (“TCPA”), one-time text messages to clarify the scope of ambiguous opt-out requests that it periodically receives from its customers.

What is an Opt-Out Request Under TCPA Law? Read More »