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FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY Why Your Sweepstakes Needs “No Purchase Necessary” Language. David Klein. April 28, 2021. Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and CALIFORNIA AG ANNOUNCES NEW CCPA CHANGES: MARCH 2021 KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. TCPA FOOTNOTE 7 CANNOT SAVE AUTODIALER CLAIMS In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer SWEEPSTAKES GUIDELINES Sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open process, where entrants have a legitimate and equal chance of winning the featured prizes. FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA The draft CCPA regulations clarify that an entity that performs services on behalf of an organization that is not a “business” as defined by the CCPA (i.e., a nonprofit or governmental entity), but that would otherwise meet the CCPA “service provider” definition, “shall be deemed a service provider for purposes of the CCPA andthese
ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY If you are interested in learning more about this topic or require the preparation of Terms and Conditions for your online operations, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining PRE-CHECKED BOXES DO NOT CONSTITUTE VALID CONSENT UNDER Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR. On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannotvalidly obtain a
REBATE LAWS: 4 THINGS THAT EVERY MARKETER SHOULD KNOW 2) Make sure the price is right. A number of state laws place restrictions on rebate pricing advertising. Several states, including California, New York and Oklahoma, require that rebate offers clearly and conspicuously state the actual (pre-rebate) price of the subject products or services. Connecticut and Rhode Island take it a stepfurther
SWEEPSTAKES: REGISTRATION AND BONDING REQUIREMENTS Sweepstakes in Florida, New York and Rhode Island. If the aggregate value of the prizes in a given contest exceeds $5,000, Florida and New York require that the game be registered and bonded. In Rhode Island, the prize threshold for registration is $500, but there is no bonding requirement and the registration requirement only applies to COMMON LAW TRADEMARK RIGHTS IN “FLORIDA AVENUE” May 1, 2019. May 1, 2019. Common Law Trademark Rights. In Tampa, Florida, two local proprietors are negotiating over the use of “Florida Avenue” in their respective branding. Florida Avenue Brewing Company was the first to use the geographic location in its name and believes that Florida Avenue Eats, located only a mile and ahalf down the
TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY Why Your Sweepstakes Needs “No Purchase Necessary” Language. David Klein. April 28, 2021. Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and CALIFORNIA AG ANNOUNCES NEW CCPA CHANGES: MARCH 2021 KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY Why Your Sweepstakes Needs “No Purchase Necessary” Language. David Klein. April 28, 2021. Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and CALIFORNIA AG ANNOUNCES NEW CCPA CHANGES: MARCH 2021 KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. TCPA FOOTNOTE 7 CANNOT SAVE AUTODIALER CLAIMS In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer SWEEPSTAKES GUIDELINES Sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open process, where entrants have a legitimate and equal chance of winning the featured prizes. FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA The draft CCPA regulations clarify that an entity that performs services on behalf of an organization that is not a “business” as defined by the CCPA (i.e., a nonprofit or governmental entity), but that would otherwise meet the CCPA “service provider” definition, “shall be deemed a service provider for purposes of the CCPA andthese
ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY If you are interested in learning more about this topic or require the preparation of Terms and Conditions for your online operations, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining PRE-CHECKED BOXES DO NOT CONSTITUTE VALID CONSENT UNDER Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR. On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannotvalidly obtain a
REBATE LAWS: 4 THINGS THAT EVERY MARKETER SHOULD KNOW 2) Make sure the price is right. A number of state laws place restrictions on rebate pricing advertising. Several states, including California, New York and Oklahoma, require that rebate offers clearly and conspicuously state the actual (pre-rebate) price of the subject products or services. Connecticut and Rhode Island take it a stepfurther
SWEEPSTAKES: REGISTRATION AND BONDING REQUIREMENTS Sweepstakes in Florida, New York and Rhode Island. If the aggregate value of the prizes in a given contest exceeds $5,000, Florida and New York require that the game be registered and bonded. In Rhode Island, the prize threshold for registration is $500, but there is no bonding requirement and the registration requirement only applies to COMMON LAW TRADEMARK RIGHTS IN “FLORIDA AVENUE” May 1, 2019. May 1, 2019. Common Law Trademark Rights. In Tampa, Florida, two local proprietors are negotiating over the use of “Florida Avenue” in their respective branding. Florida Avenue Brewing Company was the first to use the geographic location in its name and believes that Florida Avenue Eats, located only a mile and ahalf down the
TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA Compliance with CCPA Regulations. Despite the fact that approval of the final CCPA regulations did not occur until August 14, 2020, enforcement of the CCPA began back on July 1, 2020. THE TELEMARKETER'S GUIDE TO TCPA CONSENT Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) also face the growing risk of contacting consumers without TCPAconsent.
NCAA TO UPDATE ATHLETE MARKETING RULES On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the three (3) NCAA Divisions to consider appropriate changes to their existing athlete marketing rules so that the new SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA California AG CCPA regulations detail the CCPA service provider definition, exception and how CCPA service providers should handleconsumer
ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY Ensure that your website terms and conditions are enforceable through proximity to call to action and unpopulated check boxes. DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement FTC Lawsuit Settles. August 25, 2017. Dietary Supplement FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging RUNNING SWEEPSTAKES PROMOTIONS: AN ENDEAVOR BEST NOT LEFT KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to COURT LIMITS THE SCOPE OF TCPA CONSENT May 31, 2019. TCPA Consent. In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent.. For what reason were the claims not dismissed despite documented TCPA TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA Compliance with CCPA Regulations. Despite the fact that approval of the final CCPA regulations did not occur until August 14, 2020, enforcement of the CCPA began back on July 1, 2020. THE TELEMARKETER'S GUIDE TO TCPA CONSENT Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) also face the growing risk of contacting consumers without TCPAconsent.
NCAA TO UPDATE ATHLETE MARKETING RULES On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the three (3) NCAA Divisions to consider appropriate changes to their existing athlete marketing rules so that the new SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA California AG CCPA regulations detail the CCPA service provider definition, exception and how CCPA service providers should handleconsumer
ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY Ensure that your website terms and conditions are enforceable through proximity to call to action and unpopulated check boxes. DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement FTC Lawsuit Settles. August 25, 2017. Dietary Supplement FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging RUNNING SWEEPSTAKES PROMOTIONS: AN ENDEAVOR BEST NOT LEFT KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to COURT LIMITS THE SCOPE OF TCPA CONSENT May 31, 2019. TCPA Consent. In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent.. For what reason were the claims not dismissed despite documented TCPA TCPA FOOTNOTE 7 CANNOT SAVE AUTODIALER CLAIMS In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer NO ARBITRATION WITHOUT CLEAR AND ENFORCEABLE TCPA TERMS With the application of the Telephone Consumer Protection Act to digital marketing, TCPA terms became a crucial component of theformation of a
SWEEPSTAKES GUIDELINES Sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open process, where entrants have a legitimate and equal chance of winning the featured prizes. PRE-CHECKED BOXES DO NOT CONSTITUTE VALID CONSENT UNDER October 4, 2019. Pre-Checked Boxes and the GDPR. On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device UPDATE: VIRGINIA PRIVACY BILL SIGNED INTO LAW David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA If you have been regularly following this blog or have received a copy of our recent publication, you are aware that the Federal Communications Commission (FCC) has been strictly construing and enforcing the Telephone Consumer Protection Act (TCPA), oftentimes securing multi-million dollar judgments against the defendants. In this post, we address the consent requirements for NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. WHAT TO DO WHEN A STATE ATTORNEY GENERAL CONTACTS YOU Almost everyone working in the Internet marketing space, whether providing marketing services or selling products, has heard the horror stories of peers and competitors (or worse yet their principals) that have been subjected to investigations or lawsuits by various states’attorneys general.
WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement FTC Lawsuit Settles. August 25, 2017. Dietary Supplement FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . NCAA TO UPDATE ATHLETE MARKETING RULES NCAA To Update Athlete Marketing Rules. David Klein. May 6, 2020. On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA The draft CCPA regulations clarify that an entity that performs services on behalf of an organization that is not a “business” as defined by the CCPA (i.e., a nonprofit or governmental entity), but that would otherwise meet the CCPA “service provider” definition, “shall be deemed a service provider for purposes of the CCPA andthese
DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY If you are interested in learning more about this topic or require the preparation of Terms and Conditions for your online operations, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining RUNNING SWEEPSTAKES PROMOTIONS: AN ENDEAVOR BEST NOT LEFT KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to COURT LIMITS THE SCOPE OF TCPA CONSENT Court Limits the Scope of TCPA Consent. In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent. TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . NCAA TO UPDATE ATHLETE MARKETING RULES NCAA To Update Athlete Marketing Rules. David Klein. May 6, 2020. On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA The draft CCPA regulations clarify that an entity that performs services on behalf of an organization that is not a “business” as defined by the CCPA (i.e., a nonprofit or governmental entity), but that would otherwise meet the CCPA “service provider” definition, “shall be deemed a service provider for purposes of the CCPA andthese
DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY If you are interested in learning more about this topic or require the preparation of Terms and Conditions for your online operations, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining RUNNING SWEEPSTAKES PROMOTIONS: AN ENDEAVOR BEST NOT LEFT KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to COURT LIMITS THE SCOPE OF TCPA CONSENT Court Limits the Scope of TCPA Consent. In a case pending before the United States District Court for the Northern District of Illinois, a judge has declined to dismiss Telephone Consumer Protection Act (“TCPA”) violation claims even where the defendants were able to demonstrate that the plaintiff had provided TCPA consent. TCPA FOOTNOTE 7 CANNOT SAVE AUTODIALER CLAIMS In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer NO ARBITRATION WITHOUT CLEAR AND ENFORCEABLE TCPA TERMS With the application of the Telephone Consumer Protection Act to digital marketing, TCPA terms became a crucial component of theformation of a
SWEEPSTAKES GUIDELINES Sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open process, where entrants have a legitimate and equal chance of winning the featured prizes. CALIFORNIA AG ANNOUNCES NEW CCPA CHANGES: MARCH 2021 KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to WHAT TO DO WHEN A STATE ATTORNEY GENERAL CONTACTS YOU If you are interested in ensuring that you are compliant with current regulations or if you are facing an investigation from a state attorney general or other regulatory agency, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. Related Blog Posts: How To Protect Your Company, and Yourself, When a StateAttorney General
HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
UPDATE: VIRGINIA PRIVACY BILL SIGNED INTO LAW David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. PRE-CHECKED BOXES DO NOT CONSTITUTE VALID CONSENT UNDER Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR. On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannotvalidly obtain a
DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement Marketers Agree to $6.5M Settlement of FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the LAS VEGAS GOLDEN KNIGHTS ENTER INTO COEXISTENCE AGREEMENT The U.S. Army (“Army”) had opposed the Golden Knights trademark applications for “Vegas Golden Knights” and “Las Vegas Golden Knights,” respectively, on the grounds that consumers would likely be confused with Army’s parachute team, which has used the Golden Knights name since 1959. To resolve the dispute, the parties enteredinto
TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY Why Your Sweepstakes Needs “No Purchase Necessary” Language. David Klein. April 28, 2021. Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. NCAA TO UPDATE ATHLETE MARKETING RULES NCAA To Update Athlete Marketing Rules. David Klein. May 6, 2020. On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA The CCPA applies to businesses that: 1) do business in the State of California; 2) collect California State resident personal information; and 3) satisfy at least one of the following thresholds: Have annual gross revenue of over $25 million; Buy, receive, sell or share the personal information of 50,000 or more consumers (a “consumer” is THE TELEMARKETER'S GUIDE TO TCPA CONSENT Learn more about TCPA consent. This guide is meant to provide a general overview of when TCPA consent is required. Please review your specific situation with your legal counsel. If you would like to learn more about the TCPA and how to comply with TCPA regulations, we can help. Please contact us at info@kleinmoynihan.com or (212) 246-0900 . WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY Why Your Sweepstakes Needs “No Purchase Necessary” Language. David Klein. April 28, 2021. Promotional contests and sweepstakes are an effective and cost efficient means to generate buzz and often sales of a given product or service. Consumers are often incentivized to make a purchase by the allure of the chance to win a valuable prize. NCAA TO UPDATE ATHLETE MARKETING RULES NCAA To Update Athlete Marketing Rules. David Klein. May 6, 2020. On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Sweepstakes Disclaimers: Don’t Put Your Promotion at Risk. David Klein. April 28, 2021. Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and HOW TO OBTAIN CONSUMER CONSENT UNDER THE TCPA TCPA Consent Generally. As we have previously detailed, under the TCPA, consumer consent must be obtained by businesses that wish to make robocalls and send text messages to consumers. The consumer’s consent to receive such solicitations must be unambiguous, meaning that the consumer must receive a “clear and conspicuousdisclosure” that
FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. SWEEPSTAKES GUIDELINES Sweepstakes guidelines are designed to limit potential abuse and help ensure that sweepstakes and similar promotions are conducted as part of a fair and open process, where entrants have a legitimate and equal chance of winning the featured prizes. NO ARBITRATION WITHOUT CLEAR AND ENFORCEABLE TCPA TERMS With the application of the Telephone Consumer Protection Act to digital marketing, TCPA terms became a crucial component of theformation of a
A GOOD REMINDER TO CONSULT A TRADEMARK LAWYER On August 21, 2020, The Eamon Foundation, owner of multiple trademarks related to the “Terrible Towel” waived at Pittsburgh Steelers (the “Steelers”) games, sued Time In, LLC d/b/a Time in Apparel (“TIA”) for trademark infringement, unfair competition, dilution and unjust enrichment.The lawsuit is a good reminder of the importance of consulting with an experienced trademark lawyer NCAA TO UPDATE ATHLETE MARKETING RULES NCAA To Update Athlete Marketing Rules. David Klein. May 6, 2020. On April 28, 2020, the Board of Governors (the “Board”) of the National Collegiate Athletics Association (“NCAA”) implemented new rule changes that would allow student athletes to be compensated for third-party endorsements. To that end, the NCAA instructed each of the FACEBOOK AFTERMATH: COURTS CLARIFY DEFINITION OF TCPA On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”).In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as set out in the Facebook decision: one in Maine (McEwenv.
SWEEPSTAKES: REGISTRATION AND BONDING REQUIREMENTS Sweepstakes in Florida, New York and Rhode Island. If the aggregate value of the prizes in a given contest exceeds $5,000, Florida and New York require that the game be registered and bonded. In Rhode Island, the prize threshold for registration is $500, but there is no bonding requirement and the registration requirement only applies to WHAT TO DO WHEN A STATE ATTORNEY GENERAL CONTACTS YOU If you are interested in ensuring that you are compliant with current regulations or if you are facing an investigation from a state attorney general or other regulatory agency, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900. Related Blog Posts: How To Protect Your Company, and Yourself, When a StateAttorney General
GAMES OF SKILL V. GAMES OF CHANCE Traditional games of chance are lotteries, where you buy a ticket to match randomly drawn numbers to win money, and craps, where the prize is dependent on the roll of the dice. However, the bright line rules of games of chance become blurry when skill is involved. Depending on the state, games of skill fall outside of the scope of state CCPA FORMS: THE RIGHT TO OPT-OUT, REQUEST TO KNOW AND CCPA forms are just one regulatory implementation measure that should be taken on the path to CCPA compliance. If you are interested in learning more about this topic or require assistance with consumer data privacy compliance for your business, please email us at info@kleinmoynihan.com, or call us at (212) 246-0900. PLANNING ON RUNNING A FACEBOOK SWEEPSTAKES? HERE’S WHAT A couple of the requirements that Facebook consistently has in place for sweepstakes that are advertised on its platform include: 1) the requirement that each entrant/participant release Facebook from any and all liability as a condition of entry; and 2) acknowledgement in the contest rules and sweepstakes disclaimer that the promotion is inno
TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA Compliance with CCPA Regulations. Despite the fact that approval of the final CCPA regulations did not occur until August 14, 2020, enforcement of the CCPA began back on July 1, 2020. COLORADO TRIBE PUSHES LEGAL BOUNDS WITH NEW SPORTS-BETTING Sky Ute Casino Resort in Colorado is offering a new mobile app for sports-betting that could face legal gambling challenges. ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY Ensure that your website terms and conditions are enforceable through proximity to call to action and unpopulated check boxes. WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. PLANNING ON RUNNING A FACEBOOK SWEEPSTAKES? HERE’S WHAT Sweepstakes promotions are great promotional tools which serve to engage consumers and attract new ones. When advertising sweepstakes on social media, businesses must be careful to abide by each respective social media platform’s distinct promotional contest rules, DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement FTC Lawsuit Settles. August 25, 2017. Dietary Supplement FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging COURT FINDS NO LONG ARM JURISDICTION EXISTS OVER PRINCIPALSEE MORE ONKLEINMOYNIHAN.COM
TELEMARKETING, TECHNOLOGY, & INTERNET ATTORNEYS Klein Moynihan Turco (KMT) is a full-service law firm concentrating on all aspects of telemarketing law, Internet and mobile marketing law, sweepstakes and promotions law, data privacy and security law, fantasy sports and gaming law, intellectual property law, general corporate law and communications law. CLARIFYING THE $25 MILLION THRESHOLD IN THE FINAL CCPA Compliance with CCPA Regulations. Despite the fact that approval of the final CCPA regulations did not occur until August 14, 2020, enforcement of the CCPA began back on July 1, 2020. COLORADO TRIBE PUSHES LEGAL BOUNDS WITH NEW SPORTS-BETTING Sky Ute Casino Resort in Colorado is offering a new mobile app for sports-betting that could face legal gambling challenges. ENSURE THAT YOUR WEBSITE TERMS AND CONDITIONS ARE FULLY Ensure that your website terms and conditions are enforceable through proximity to call to action and unpopulated check boxes. WHY YOUR SWEEPSTAKES NEEDS “NO PURCHASE NECESSARY KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to NEW JERSEY’S CONSUMER FRAUD ACT: VALID CFA CLAIMS The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. SWEEPSTAKES DISCLAIMERS: DON’T PUT YOUR PROMOTION AT RISK Promotional contests and sweepstakes are a particularly effective way of creating brand awareness and attracting new customers and end-users. Unlike static, non-interactive banner advertisements, sweepstakes are better able to attract eyeballs and incentivize consumer activity through the allure of prizes and other benefits for the potential winners. PLANNING ON RUNNING A FACEBOOK SWEEPSTAKES? HERE’S WHAT Sweepstakes promotions are great promotional tools which serve to engage consumers and attract new ones. When advertising sweepstakes on social media, businesses must be careful to abide by each respective social media platform’s distinct promotional contest rules, DIETARY SUPPLEMENT MARKETERS AGREE TO $6.5M SETTLEMENT OF Dietary Supplement FTC Lawsuit Settles. August 25, 2017. Dietary Supplement FTC Lawsuit. The Federal Trade Commission (“FTC”) has announced that dietary supplement marketer Synergixx, LLC (“Synergixx”), its owner, Charlie Fusco, and a naturopathic physician named Ronald Jahner have agreed to settle claims brought by the FTC and the State of Maine (the “FTC lawsuit”) alleging COURT FINDS NO LONG ARM JURISDICTION EXISTS OVER PRINCIPALSEE MORE ONKLEINMOYNIHAN.COM
INTERNET, MARKETING AND TELEMARKETING ATTORNEY KMT is located next to Madison Square Garden in New York City. KMT boasts a prestigious domestic and international practice with clients ranging from multi-national corporations to technology start-ups. CHANGES COMING TO NEW YORK TELEMARKETING LAW On March 1, 2020, New York’s “Nuisance Call Act” will go into effect, bringing significant change to the existing New York telemarketing law. The legislation, which was signed into law by Governor Andrew Cuomo on December 2, 2019, is intended to close a loophole in New York’s Do Not Call Law, which originally took effect in 2001.. How Does the Act Change New York Telemarketing Law? BREAKING NEWS: SUPREME COURT ISSUES HUGE DECISION IN On April 1, 2021, the United States Supreme Court (“Supreme Court”) unanimously reversed the Ninth Circuit Court of Appeals decision in Facebook Inc. v. Duguid and held that for a device to constitute an “Automatic Telephone Dialing System” (“ATDS”) within the meaning of the Telephone Consumer Protection Act of 1991 (“TCPA”), that device must have the capacity to use a random ANOTHER COURT RELIES ON FACEBOOK TO DISMISS TCPA This week, a North Carolina federal court held that in order to to constitute use of a TCPA autodialer, a telemarketer must actually use a random or sequential number generator to produce, store, and dialphone numbers.
UNDERSTANDING TELEMARKETING LAW What is Telemarketing Law? Understanding the complexities of telemarketing law is challenging. Under federal law, telemarketing is defined as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.” 47 C.F.R. § 64.1200(f)(12). THE TELEMARKETER'S GUIDE TO TCPA CONSENT Because of the growing ability – and need – to reach consumers through telemarketing technology, businesses (and their call centers) also face the growing risk of contacting consumers without TCPAconsent.
UNDERSTANDING SWEEPSTAKES LAW What is Sweepstakes Law? Trying to understand the intricacies of sweepstakes law can be a daunting task. Sweepstakes are marketing promotions that provide customers with an entry into a drawing of chance that gives them the opportunity to win a specific prize, product or service. Prizes for sweepstakes can vary in value from as little as twenty dollars to as much as one hundred million dollars. CCPA SERVICE PROVIDER REQUIREMENTS CLARIFIED BY CALIFORNIA California AG CCPA regulations detail the CCPA service provider definition, exception and how CCPA service providers should handleconsumer
PRE-CHECKED BOXES DO NOT CONSTITUTE VALID CONSENT UNDER October 4, 2019. Pre-Checked Boxes and the GDPR. On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”). Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device COURT FINDS NO LONG ARM JURISDICTION EXISTS OVER PRINCIPAL A federal judge for the District of Utah declined to exercise jurisdiction over the principal of a New York company that is being sued for violating the Telephone Consumer Protection Act (“TCPA”).Skip to content
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Split Decision: 5th and 11th Circuits Diverge on TCPA Standing New Florida TCPA Legislation Passed Another Court Relies on Facebook to Dismiss TCPA Autodialer Claims Trademark Application Mistakes You Might Be Making Split Decision: 5th and 11th Circuits Diverge on TCPA Standing New Florida TCPA Legislation Passed__
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__ Explore more topics NEW FLORIDA TCPA LEGISLATION PASSED The Florida State Legislature has unanimously passed CS/SB 1120 (the “Bill”). Telemarketing businesses will notice many similarities between the Bill and the Federal Telephone Consumer Protection Act (“TCPA”). Most notably is the creation of a private right of action. If signed into law by Governor Ron DeSantis, the Bill will go into effect on July 1, 2021, significantly updating both the Florida Telemarketing Act and the Florida Do Not Call Act to create what would be the equivalent of a Florida TCPA. Telemarketers should be mindful of the updates contained in the Bill and take appropriate measures tocomply with
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TRADEMARK APPLICATION MISTAKES YOU MIGHT BE MAKING While most people have a general idea of what trademark protection entails, there are several important aspects of trademark law that are often unknown or misunderstood. In this post, we will highlight the benefits of trademark protection and some common missteps taken during the trademark application process.Read More »
SPLIT DECISION: 5TH AND 11TH CIRCUITS DIVERGE ON TCPA STANDING Standing, or the right to bring a lawsuit, is a contentious and often complicated doctrine in the world of the Telephone Consumer Protection Act (“TCPA”). TCPA standing requires that a plaintiff allege a concrete injury beyond just a pure statutory violation. The question raised by a recent opinion from theRead More »
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Dan Barsky, Esq.Fluent Inc. As our company began to exponentially grow, I knew we needed to re-examine the law firm we were aligned with. Running a large, dynamic, digital advertising agency is not easy, and having the right outside counsel is very important to our success. KMT’s attorneys have proven themselves to be at the forefront of the digital advertising industry, and their reputation preceded them as such. Once engaged, we found their proactive approach to handling all industry matters for us to be quite refreshing as well as valuable. Knowing we have them on our team provides us with the comfort backstop we need to know we are making good business decisions and that we will be able to continue to grow our business. Joe MarinucciDigital Media Solutions We have used KMT for all of our sweepstakes and promotion-related needs for over a decade. KMT is an invaluable resource for sweepstakes contest rules drafting, promotion marketing review and general state and federal regulatory compliance advice. They give practical, rational and effective guidance. KMT is an industry leader in this space and to proceed with a contest promotion without their guidance would be a risky proposition. I highly recommend them. Josh GillonWhat If Media KMT is my go to outside counsel for advice on promotional marketing, privacy, sweepstakes/gaming, TCPA/TSR and many other areas impacting our business. Their specialized industry knowledge in our space is second to none. They are responsive and provide practical advice that reflects a depth of knowledge and industry expertise. They are also my go to defense counsel for TCPA litigations and other matters. With an aggressive, take no prisoners approach and subject matter expertise, their litigation team has compiled an enviable track record in shutting down these cases. And they have provided invaluable advice and assistance dealing with regulators. In short – highlyrecommended.
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