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

Herbalife Class Action Lawsuit, Pyramid Scheme Allegations Dismissed

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March 23, 2015 Last week, Judge Dale S. Fischer dismissed a federal class action lawsuit against Herbalife, Ltd. (“Herbalife”) and three of its corporate officers, who were accused by Herbalife shareholders of operating the company as an illegal pyramid scheme.  The lawsuit alleged that Herbalife artificially inflated its stock price by misrepresenting that the company […]

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Disney Rumored To Give Unicorn Valuation to Fantasy Sports Venture

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March 19, 2015 Reports have surfaced this week that DraftKings is in talks with the Walt Disney Co. (“Disney”) about an investment opportunity that would reportedly value DraftKings at $1 billion.  DraftKings is currently locked in a costly battle with industry leader FanDuel for new customer acquisition, and it is anticipated that any funds raised

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Blimpie Blown Up by TCPA Junk Fax Class Action?

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March 18, 2015 On March 12, 2015, a class action lawsuit was filed against Blimpie International, Inc. (“Blimpie”) and other entities, alleging violations of the Telephone Consumer Protection Act (“TCPA”).  Specifically, the complaint alleges that Blimpie violated the TCPA by sending unsolicited “junk faxes” to businesses and individuals throughout the country.  The plaintiff seeks to

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Iowa Bill Legalizing Fantasy Sports Approved by Iowa Senate

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March 13, 2015 As discussed on this blog recently, a group of lawmakers in Iowa have been pushing matching bills in the Iowa House and Senate (Senate Study Bill 1068 and House Study Bill 47), in an effort to specifically exempt certain fantasy sports contests from Iowa’s otherwise broad-reaching anti-gambling laws.  This legislative effort is

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FTC Lawsuit Accuses DIRECTV of Deceptive Advertising, ROSCA Violations

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March 13, 2015 This Wednesday, the Federal Trade Commission (the “FTC or Commission”) sued satellite television service provider DirecTV, Inc. and its subsidiary (“DIRECTV”) in federal court in San Francisco.  The Commission has accused DIRECTV of violating the FTC Act and the Restore Online Shoppers’ Confidence Act (“ROSCA”) with purportedly deceptive advertising and sales practices.

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Kansas Takes a Step Toward Legalizing Fantasy Sports

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March 12, 2015 In August 2014, the Kansas Racing and Gaming Commission issued an opinion that fantasy sports contests that require an entry fee to participate, and that pay out cash prizes, constitute illegal lotteries under Kansas State law.  Based on that Kansas Racing and Gaming Commission opinion, many high profile pay-to-play fantasy sports venues

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