Our Law Journal - Klein Moynihan Turco

Roofing Company Held Liable for Unsolicited Fax Ads under the TCPA

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

May 13, 2015 The United States District Court for the District of New Jersey recently held a roofing company liable for a third-party advertiser’s violations of the Telephone Consumer Protection Act (“TCPA”) to the tune of $22,405,000.00. The TCPA class action, which has been pending for over three years, concerns fax advertisements sent by Business […]

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Verizon and Sprint to Pay In Excess of $200 Million for Cramming

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

May 12, 2015 This week, federal regulators announced a series of high profile settlements concerning alleged cramming activities from some of the nation’s largest wireless carriers. The Federal Communications Commission announced that Verizon Wireless has agreed to pay $90 million and Sprint Corp. (“Sprint”) has agreed to pay $68 million in settlement of investigations initiated

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The NBA Further Explores Sports Betting Options

Could Texas’ Alamo Trademark Battle Affect Shiner Beer?

37 Comments / Journal, Trademark & Copyright Law / David Klein

May 8, 2015 Last Thursday, Alamo Beer Company, LLC (“Alamo Beer”), Old 300 Brewing, LLC d/b/a Texian Brewing Co. (“Texian”) and the State of Texas settled an historical trademark dispute. The lawsuit, which began as a quarrel between two Texas breweries using the silhouette of the Alamo in their marketing materials, took an unexpected turn

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Human Intervention Defeats TCPA ATDS Claim

2 Comments / Blog, Journal, Telemarketing Law / David Klein

May 7, 2015 While federal courts throughout the country continue to struggle with the question of what constitutes an automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”), one federal court has recently provided clarity. In McKenna v. Whispertext, the United States District Court for the Northern District of

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Update on Fantasy Sports Legalization across the USA

FCC Issues Robocall Citations to Three Companies

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

May 6, 2015 This week, the Federal Communications Commission (“FCC”) issued citations to Call-Em-All, LLC, Ifonoclast, Inc. d/b/a Phonevite, and M.J. Ross Group, Inc. d/b/a PoliticalRobocalls.com regarding the companies’ respective use of autodialers and/or artificial or prerecorded messages in connection with calls placed to cellular telephones. The citations follow a two year investigation into the

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