Journal

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

Pharmaceutical Companies Face Fax Marketing TCPA Class Action

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November 18, 2016 On November 11, 2016, a putative class action complaint was filed against two related pharmaceutical companies alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that the pharmaceutical companies sent an unsolicited fax advertisement in violation of the TCPA.  The plaintiff has already moved for preliminary class certification.  […]

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Alpha Gas and Electric Settles TCPA Class Action for $1.1 Million

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November 17, 2016 On November 10, 2016, the United States District Court for the Southern District of New York issued an order preliminarily approving a $1.1 million settlement of a class action brought under the Telephone Consumer Protection Act (“TCPA”).  The TCPA class action was commenced by Stewart Abramson against Alpha Gas and Electric, LLC

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Deceptive Weight Loss Marketing Results in $30 Million Judgment

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November 15, 2016 A federal judge for the Middle District Court of Florida has entered a $30 million judgment in favor of the Federal Trade Commission (“FTC”) and against NBA Advertising, Inc. and its owner.  We had previously blogged about the initial filing of the lawsuit by the FTC, which was brought in connection with

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Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal        

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November 9, 2016 In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message marketing company. What led to the lifting of the suspended judgment against the text message

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FTC Settles Telemarketing Sales Rule Claim for $2.3 Million

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November 3, 2016 On November 1, 2016, the Federal Trade Commission (“FTC”) announced its settlement with a “collection of entities” known as Consumer Education Group (“CEG”) for alleged violations of the Telemarketing Sales Rule (the “TSR”).  The settlement imposes a $2,339,687.00 penalty against CEG, but due to financial considerations, CEG will only be required to

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Canadian Watchdog Renders First Ever CASL Spam-Related Fine Decision

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November 2, 2016 The Canadian Radio-television and Telecommunications Commission (“CRTC”) has fined Blackstone Learning Corp. (“Blackstone”) $50,000 for various violations of Canada’s Anti-Spam Law (“CASL”).  In the decision, the first of its kind, CRTC determined that Blackstone had violated CASL in connection with sending 400,000 unsolicited commercial email messages without the requisite consent to do

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New TTAB Rules for Trademark Lawyers

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October 28, 2016 Trademark lawyers across the country should take note of the U.S. Patent and Trademark Office’s (“USPTO”) first major set of Trademark Trial and Appeal Board (“TTAB”) rule changes since 2007.  The amended rules take effect on January 14, 2017, for both new and pending TTAB cases. What are the USPTO rulemaking’s key

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FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

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October 27, 2016 This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit.   We had previously blogged about how New York lawmakers mooted the portion of the AG’s lawsuit concerning charges of illegal gambling

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