Journal

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

Free Trial Law and the FTC

September 10, 2019 On July 12, 2019, the Federal Trade Commission (“FTC”) filed a complaint against AH Media Group, LLC, and its owners, Henry Block and Alan Schill (collectively, “Defendants”), for allegedly violating certain free trial laws as codified in Section 5(a) of the FTC Act, Section 4 of the Restore Online Shoppers’ Confidence Act […]

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Federal Appeals Court Issues Major TCPA Law Decision

September 9, 2019 The United States Court of Appeals for the Eleventh Circuit (the “Court”) recently issued a ruling declaring that the receipt of a single unsolicited text message advertisement is insufficient to permit the text recipient to sue in federal court for alleged violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA law

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Deceptive Marketing Practices, Lead Generators and the FTC

August 30, 2019  On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission (“FTC”) arising out of allegations of deceptive marketing. Specifically, the FTC alleged that Career Education Corporation and its subsidiaries (collectively, “CEC”) violated Sections 5, 13, and 19 of

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Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law

August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused

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Anti-Robocalling Principles Established by State Attorneys General

August 27, 2019 On August 22, 2019, it was announced that 51 state attorneys general and 12 telecommunications service providers (AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon and Windstream) have collaborated to implement certain anti-robocalling principles intended to protect consumers from the growing scourge of illegal robocalls. In announcing this

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Reminder: Nevada Opt-Out Requirements Take Effect October 1

August 22, 2019 We have previously blogged about Nevada Senate Bill 220 and how it amended Nevada’s data privacy law to provide consumers with the ability to opt-out of the sale of their personally identifiable information to certain businesses. Given that the Nevada opt-out requirements go into effect on October 1, 2019, we wanted to

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Website Accessibility Lawsuits Abound

August 21, 2019  Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone. These website accessibility lawsuits have been brought under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis

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FTC Settles Email Lawsuit with Unrollme

August 15, 2019 The Federal Trade Commission’s (“FTC”) Bureau of Consumer Protection has entered into a consent agreement with Unrollme Inc. (“Unrollme”), preventing Unrollme from continuing to engage in practices which the FTC considers to be unfair or deceptive, in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a). This

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