Researching TCPA, CCPA, Internet marketing, email marketing, promotional sweepstakes, gaming, or fantasy sports law? Check out the Klein Moynihan Turco Law Journal.
June 1, 2015 Florida has recently passed a bill to combat online piracy. The law seeks to bring transparency to online business transactions by mandating that websites and online services that publish or transmit “substantial” portions of commercial recordings or audiovisual works, disclose and display certain identifying contact information on their website. The anti-piracy law […]
Florida Enacts New Anti-Piracy Legislation Read More »
May 28, 2015 On Wednesday of this week, the Federal Communications Commission (the “FCC” or “Commission”) announced a new proposal circulated by FCC Chairman Tom Wheeler that would make fundamental changes to the Commission’s enforcement of the Telephone Consumer Protection Act (“TCPA”). According to Chairman Wheeler’s announcement and the Commission’s accompanying fact sheet, the FCC
Proposed FCC Telemarketing Actions – “Most Significant Since the Do-Not-Call Registry” Read More »
May 28, 2015 This week, the Federal Trade Commission (“FTC”) announced that Professional Career Development Institute, LLC, doing business as Ashworth College, agreed to an $11 million settlement for allegedly engaging in deceptive advertising in violation of the FTC Act. Specifically, in its Complaint, the FTC alleged that Ashworth College misrepresented, among other things, that
College Settles FTC Deceptive Advertising Lawsuit Read More »
May 28, 2015 Attorneys General from 22 states reached agreement with Classmates, Inc., Florists’ Transworld Delivery, Inc. and FTD.com (the “Settling Parties”) to settle allegations that the Settling Parties sold consumer information to negative option marketers. Of the $11 million settlement sum, $8 million will be paid by the Settling Parties directly to the various
22 State AGs Settle Data Passing to Negative Option Marketer Claims for $11 Million Read More »
Intellectual Property Concerns for Sponsors of Promotional Contests and Sweepstakes Marketers are always looking for more effective ways to entice consumers, with the goal to build a brand and sell more products and services. Long ago, armed with the knowledge that people enjoy winning prizes, savvy promoters began offering promotional contests and sweepstakes, which encourage
Licensing Journal Features Article by KMT’s David Klein and Joshua Wueller Read More »
May 26, 2015 Last Tuesday, a federal court in Orlando issued its final order in a years-long legal battle between the Federal Trade Commission (the “FTC” or “Commission”), a number of telemarketers and their payment processor. The ruling follows an order late last year that granted the Commission’s motion for summary judgment against all remaining
Telemarketers, Payment Processor to Pay $1.7 Million to FTC Read More »
May 26, 2015 Last week, the United States District Court for the Central District of California entered an order granting summary judgment in favor of manufacturer UTC Fire & Security Americas Corporation, Inc. (“UTCFSA”) and dismissed a putative Telephone Consumer Protection Act (“TCPA”) class action pending against it. The plaintiff sought to hold UTCFSA liable
Manufacturer Not Vicariously Liable for Distributor TCPA Violations Read More »
May 21, 2015 Last week, the United States Attorney for the Middle District of Florida filed a Complaint seeking the forfeiture of proceeds received by the World Triathlon Corporation (“WTC”) over a period of time spanning from 2013 until 2015. The Complaint alleges that the funds were generated as proceeds from a lottery that violated
Illegal Lottery Lands Ironman Triathlons in Hot Water Read More »