Journal

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

FTC Complaint Filed Against IoT Businesses

December 9, 2016 This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with Genesis’ interactive, Internet-connected toys. What are the key takeaways for businesses in the Internet of Things (IoT) space?

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Illinois’ New Anti-Fantasy Sports Bill and the Need for Fantasy Sports Lawyers

December 6, 2016 A bill introduced to the Illinois House of Representatives, designed to criminalize fantasy sports, has been assigned to the Executive Committee for further review and analysis.  The move advances the bill one step closer to passage.  Fantasy sports lawyers, and the operators that they represent, continue to grapple with the challenges presented

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Yahoo Awarded Over $1.5 Million in Sweepstakes Promotion Lawsuit

December 1, 2016 Last week, a Dallas federal court concluded that Yahoo! Inc. (“Yahoo”) should be paid over $913,000 in attorneys’ fees in connection with its March Madness sweepstakes promotion, bringing Yahoo’s total award in the case to more than $1.5 million. How did the sweepstakes promotion take such a turn for the worse?

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Fax Marketing and the TCPA

November 30, 2016 The Telephone Consumer Protection Act of 1991 (“TCPA”), as amended by the Junk Fax Protection Act of 2005 (“JFPA”), prohibits, among other things, the use of telecopiers to deliver unsolicited commercial advertising material.  Fax advertisements, however, can offer substantial benefits to marketers in terms of cost advantages relative to the potential reach

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FTC Addresses Homeopathic Drug Advertising

November 23, 2016 The Federal Trade Commission (“FTC”) recently released an enforcement policy statement regarding marketing claims for products in the over-the-counter (“OTC”) homeopathic drug market.  Long permitted to fly under the FTC’s radar based upon a 1988 Food and Drug Administration (“FDA”) compliance policy guideline, OTC homeopathic drug advertising is now officially subject to

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Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

November 21, 2016 Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”).  The court rejected Hooters’ argument that the plaintiff lacked standing to bring the TCPA lawsuit, an argument premised on the U.S. Supreme

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