Journal

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

Court Finds “Nuisance” to be Concrete Injury under the TCPA

1 Comment / Blog, Journal, Telemarketing Law /

January 6, 2017 The United States District Court for the Middle District of Florida has ruled that nuisance and invasion of privacy claims are concrete injuries for standing purposes under the Telephone Consumer Protection Act (“TCPA”).  In the class action lawsuit against Hilton Grand Vacations Company, LLC (“Hilton”), Hilton argued, among other things, that the […]

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Eleventh Circuit: Insurer May Have to Cover Fax TCPA Liability

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

January 5, 2017 Last Thursday, the Eleventh Circuit Court of Appeals vacated a Georgia federal district court’s Telephone Consumer Protection Act (“TCPA”) ruling, finding that global online manufacturing marketplace MFG.com (“MFG”) satisfied its insurance policy’s notice requirement in connection with multiple fax TCPA lawsuits. How can marketers minimize their risk of TCPA liability?

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Maryland Fantasy Sports Regulations Take Effect

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January 4, 2017 This week, regulations governing fantasy sports contests in the State of Maryland went into effect.  The regulations, implemented pursuant to a 2012 law exempting fantasy sports from the State’s gambling prohibition, vest the Office of the Comptroller with authority to enforce various consumer protection rules aimed at establishing basic rules to ensure

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Appeals Court Revives GameStop Deceptive Trade Practices Lawsuit

1 Comment / Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law, Telemarketing Law /

December 21, 2016 This week, the Second Circuit Court of Appeals reversed a district court ruling that had dismissed GameStop Corp. (“GameStop”) and Webloyalty.com, Inc. (“Webloyalty”), an online discount savings website, from a class action lawsuit arising from allegations of deceptive trade practices. What were the business practices that landed GameStop and Webloyalty in hot

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All Natural Marketer Found to have Violated the FTC Act

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December 14, 2016 On December 5, 2016, the Federal Trade Commission (“FTC” or “Commission”) issued an opinion finding that California Naturel, Inc. (“CNI”) had violated the FTC Act by falsely marketing its sunscreen products as “all natural,” despite the presence of a synthetic substance.  CNI sought to avoid summary judgment by arguing that after the

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AT&T to Issue $88 Million in Consumer Refunds for Mobile Cramming

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December 12, 2016 The Federal Trade Commission (“FTC”) has announced an historic consumer refund initiative to provide relief to millions of AT&T Mobility, LLC (“AT&T”) customers that were the subject of mobile cramming.  The settlement arises out of a mobile cramming-related lawsuit against not only AT&T, but also Tatto, Inc. (“Tatto”) and Acquinity Interactive, LLC

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