Journal

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

Florida Spa Involved in “Nasty” TCPA Text Message Lawsuit

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

August 12, 2019 On July 22, 2019, Amanda Defranks (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against clothing retailer, nastygal.com USA Inc. (“nastygal.com”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Amanda Defranks v. nastygal.com USA […]

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California Court Issues Major Decision for the Email Marketing Industry

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August 8, 2019 A trial court in California recently issued a ruling interpreting California Business and Professions Code Section 17529.5 (“17529.5”) in Greenberg et al. v. Digital Media Solutions LLC et al., CGC-18-572010 that has the potential to profoundly impact the email marketing industry.  In dismissing claims for alleged violation of 17529.5 against an Advertiser

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New FCC Regulations to Curb Foreign Caller ID Spoofing

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

August 6, 2019 On August 1, 2019, the Federal Communications Commission (“FCC”) adopted new regulations that will allow the federal government to pursue enforcement actions against foreign businesses that knowingly “spoof” US recipients with the intent to cause harm, defraud, or obtain anything of value. Spoofing is the practice of using misleading caller ID information

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A New TCPA Law?

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law, Telemarketing Law /

August 2, 2019  On July 24, 2019, the House of Representatives unanimously passed the Stopping Bad Robocalls Act (the “Act”) by a vote of 429 to 3. The measure, which was originally introduced by Congressman Frank Pallone, Jr. (D-NJ), is crafted to modernize telemarketing restrictions and the use of automated telephone equipment as codified under

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Facebook data privacy

Facebook Enters into Data Privacy Violation Settlement Agreement

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

On July 24, 2019, the Federal Trade Commission (“FTC”) handed Facebook a $5 billion penalty for continuously misrepresenting to its users how it was sharing their personal data. The $5 billion penalty is the largest civil penalty imposed for a data privacy violation and puts companies on notice that the FTC is serious about how

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A Different Kind of Hockey Fight: Does Trademark Law Protect “Play Gloria”?

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law /

July 18, 2019 In April, the St. Louis Blues (the “Blues”) hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League’s (“NHL”) Stanley Cup Final at season’s end. Throughout that run, Laura Branigan’s 1982 disco hit “Gloria” became the Blues signature song used to celebrate

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FDIC Brings TCPA Action Against Bank

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

July 15, 2019  On March 1, 2019, the Peoples Bank and Trust Company (“Bank”) agreed to a stipulation and order with the Federal Deposit Insurance Corporation (“FDIC”) based in part on alleged violations of the Telephone Consumer Protection Act (“TCPA”). The FDIC’s TCPA action order also alleged that the Bank violated Section 8(i)(2) of the

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Illinois Enacts Sports Gambling Law

Blog, Data & Privacy Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

July 10, 2019 At the end of June, Illinois Governor J.B. Pritzker signed into law a massive gaming initiative, which includes legalized sports gambling.   While the sports gambling law’s passage does not mean that wagers on sporting events can be accepted right away, it does represent a major legal change in one of the country’s

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