Journal

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

FTC Clarifies Influencer Law with New Sponsorship Disclosure Guide

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

On November 5, 2019, the Federal Trade Commission released a new guide, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose […]

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Personal TCPA Liability for Corporate Officers

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

November 6, 2019 Since passage of the Telephone Consumer Protection Act (“TCPA”), courts and businesses have grappled with whether – and to what extent – TCPA liability extends to corporate officers.  While the corporate veil often protects corporate officers from personal liability in other contexts, the wording of the TCPA (“It shall be unlawful for

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Iowa Fantasy Sports Becomes Reality

Blog, Internet Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

November 1, 2019 In an effort several years in the making, Iowa recently issued the State’s first fantasy sports license to DraftKings, Inc. (“DraftKings”).  DraftKings wasted no time in getting its operations up and running, having launched its Internet-based Iowa fantasy sports service to the public in recent weeks. What are some notable provisions of

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New NCAA Marketing Rules for Athletes Proposed

Journal /

October 31, 2019 On October 29, 2019, the National Collegiate Athletics Association’s (“NCAA”) Board of Governors unanimously voted to consider allowing student-athletes to benefit from the use of their names and likenesses. The NCAA has long restricted collegiate athletes from controlling how their respective names, images and likenesses are used. Now, however, the Governors of

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Olympic Advertising Rules Scaled Back Prior to 2020 Games

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

October 28, 2019 On October 8, 2019, the United States Olympic and Paralympic Committee (“USOPC”) issued a new set of Olympic advertising guidelines in advance of the Tokyo 2020 Olympic Games.  The new guidelines effectively relax the prior restrictions placed on athletes and advertisers by the International Olympic Committee (“IOC”).  Specifically, Rule 40.3 of the

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CCPA Service Provider Requirements Clarified by California AG

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

October 24, 2019 Readers of this blog know that we have been analyzing both the draft California Consumer Privacy Act (“CCPA”) regulations and the California Attorney General’s associated effort to clarify and modify the CCPA before it takes effect on January 1, 2020. Today, we would like to address Section 999.314 of the proposed regulations,

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Draft CCPA Regulations Contain Important NEW Record-Keeping and Disclosure Requirements

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

October 18, 2019 Recently, we blogged concerning the California State Attorney General’s release of draft California Consumer Privacy Act (“CCPA”) regulations and the associated request for public comment. In that blog, we highlighted that new obligations had been added that were not included in the CCPA itself. Today, we discuss one such new provision –

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