Journal

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

Alleged Mortgage Modification and Debt Relief Scammers to Pay FTC $13.5 Million

September 6, 2016 Last week, the Federal Trade Commission (“FTC”) announced that the United States District Court for the Middle District of Florida had granted a summary judgment motion against various businesses, law firms and individuals for FTC Act and the Mortgage Assistance Relief Services Rule violations.  In awarding the FTC summary judgment, the Court

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Federal Court Serves Up Big Win for Email Marketers in Spam Lawsuit

September 2, 2016 A recent decision in Silverstein v Keynetics, Inc. et al, by a federal judge in the Northern District of California has provided a glimmer of hope to email marketers that the seemingly limitless reach of California’s anti-spam law may finally be abating.  In a spam lawsuit ruling that relied heavily on the

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Gladys Knight Files Unfair Competition Lawsuit Against Her Son

September 1, 2016 This Monday, seven-time Grammy Award-winning recording artist Gladys Knight commenced a federal unfair competition lawsuit against her own son and his businesses in connection with a chain of Atlanta-area chicken and waffle restaurants bearing Knight’s name and likeness. How can businesses avoid legal issues related to third-party names and brands?

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Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive

August 31, 2016 Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their opposition to FanDuel and DraftKings’ respective motions to dismiss.  The opposition seeks to keep alive the claims that the fantasy sports companies violated their rights of publicity under Indiana law

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Yelp Seeks Dismissal of Consumer Privacy Lawsuit

August 30, 2016 Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies, including Twitter, Apple and Instagram.  The lawsuit focuses on various application developers’ use of a “find friends” feature,

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Class Certification Denied in TCPA Fax Case due to Individualized Determinations of Consent

August 20, 2016 On August 22, 2016, the United States District Court for the Northern District of California denied a motion for class certification in a putative class-action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”).  The plaintiffs, various medical offices, sued the defendants alleging that defendants sent unsolicited fax advertisements for medical

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Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality

August 22, 2016 This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest earlier this year. What steps can sweepstakes and contest sponsors take

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