Journal

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

FTC Settles False Advertising Action Against Breathometer, Inc.

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January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”).  The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the […]

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FTC Trains Its Sights on Cross-Device Tracking

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January 25, 2017 The Federal Trade Commission (“FTC”) has released a staff report after conducting a series of workshops on cross-device tracking and related issues concerning online and mobile behavioral advertising. The staff report aims to provide recommendations to various companies, including advertising technology companies, publishers and platforms, regarding transparency, security and the provision of

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Blue Shield Avoids TCPA-Related Liability

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January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”).   Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v.

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FTC Announces Settlement of Two Big Robocall Lawsuits

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January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry.  Most of the defendants in the two robocall lawsuits have agreed to court orders

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Florida Fantasy Sports Regulations Coming Soon?

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January 13, 2017   This week a Florida State Senator introduced proposed revisions to the State’s gaming laws intended to, among other things, regulate fantasy sports within the State of Florida.  The bill proposes enacting the Fantasy Contest Amusement Act, intended to address fantasy sports contest-related consumer protection issues, with oversight responsibility to be vested

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Trademark Enforcement and Internet Search Advertising: A Regulatory Risk for Brand Owners

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December 2016 For well over a century, US trademark law has afforded brand owners certain rights, remedies and obligations.  As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use.  Diligent enforcement practices not only protect trademark assets, but

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FTC, NY AG Bring Deceptive Advertising Lawsuit Against Dietary Supplement Marketer

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January 10, 2017 The Federal Trade Commission (“FTC”) and the New York Attorney General (“NYAG”) have jointly filed a deceptive advertising lawsuit against the marketers of a dietary supplement.  The lawsuit claims that the marketers of the dietary supplement, Prevagen, made false and unsubstantiated claims regarding the product’s ability to improve memory and provide additional

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