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  • Article

    The Magic Pill: FTC Settles Deceptive Marketing Action Involving Dietary Supplements Claimed To Treat Children’s Speech Disorders

    The Federal Trade Commission ("FTC") recently entered into a settlement with a company and its owner to prevent them from making allegedly deceptive marketing representations to consumers that their dietary supplements effectively treat childhood speech disorders.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Time Warner Hit With $230k Autodialer Judgment

    The U.S. District Court for the Southern District of New York has awarded a Time Warner Cable Inc. customer $229,500 in connection with 163 autodialed calls placed to her cell phone over a 13-month period.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Twilio Narrowly Avoids TCPA Lawsuit Liability

    On July 12, 2017, the United States District Court for the Western District of Washington dismissed a putative class action complaint filed against Twilio, Inc., alleging that the platform had violated the Telephone Consumer Protection Act.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    USCB To Pay $2.7 Million To Settle TCPA Class Action Lawsuit

    On January 26, 2015, a judge for the Central District of California entered an order preliminarily approving a $2.7 million settlement to resolve a Telephone Consumer Protection Act ("TCPA") class action lawsuit against USCB, Inc. ("USCB").
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    W3C Updates Website Accessibility Standards

    For the past four years, the World Wide Web Consortium ("W3C") has been working to update version 2.0 of the Web Content Accessibility Guidelines ("WCAG") ...
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Website Accessibility And The ADA? The DOJ Won't Weigh In.

    Over the last two years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act ("ADA") concerning issues involving website accessibility.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    WordSmart Educational Services Settles FTC Deceptive Advertising Lawsuit for $18+ Million

    On October 9, 2014, the Federal Trade Commission ("FTC") announced that WordSmart Corporation ("WordSmart"), the popular retailer of children’s educational products, agreed to an $18 million+ settlement for allegedly engaging in deceptive advertising in violation of the FTC Act.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Wyndham Faces Class Action TCPA Lawsuit

    On June 8, a class action lawsuit was filed in the United States District Court for the Central District of California alleging that Wyndham Vacation Resorts, Inc. ("Wyndham") violated the Telephone Consumer Protection Act ("TCPA").
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    The Latest On CPRA Regulations

    As readers of our blog know, the California Consumer Privacy Act of 2018 ("CCPA") went into effect on January 1, 2022, with the aim of affording consumers "more control" over what companies...
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    UPDATE: Governor Signs Utah Consumer Privacy Act

    As reported previously on this blog, Utah was poised to become the fourth state to pass a comprehensive consumer privacy law, joining California, Colorado, and Virginia.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Current TCPA And Medicare Marketing Landscape

    As our readers know, a recent federal court decision left the fate of the Federal Communications Commission's ("FCC") one-to-one consent rule under the Telephone Consumer Protection Act ("TCPA")...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal

    After suffering a loss in New York State federal court, Sirius XM Radio, Inc. ("Sirius") has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ..
    United StatesIntellectual Property
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    FTC Begins TSR Rulemaking Process, Targets Repeal Of B2B Exception

    In a recently released Advanced Notice of Proposed Rulemaking, the Federal Trade Commission is seeking comment on certain important proposed amendments to the Telemarketing Sales Rule .
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    I Received A CCPA Enforcement Notice! How Do I Respond?

    On July 1, 2020, the California State Attorney General ("AG") began enforcement action against businesses that it believes have violated the California Consumer Privacy Act ("CCPA").
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Favorable CIPA Wiretapping Claim Decision

    As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers' data continue unabated.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Unfavorable Ninth Circuit Pixel Tracking Decision

    Readers of this blog are aware of the barrage of California Invasion of Privacy ("CIPA") claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals...
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    SEC Charges Paul Pierce With Cryptocurrency Marketing Violations

    Companies often hire celebrities to promote their goods and services. It is an efficient and lucrative way to generate attention and interest in brands. Keep in mind that individuals...
    United StatesTechnology
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Eleventh Circuit: A Single Text Message Confers TCPA Standing

    On July 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued an en banc decision in Drazen v. Pinto, holding that receipt of a single unsolicited text message confers...
    United StatesLitigation, Mediation & Arbitration
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Oregon's New Data Broker Registration Law

    On July 27, 2023, Oregon Governor Tina Kotek signed HB 2052 ("the Act") into law. The Act relates to data broker registration for entities that qualify as data broker under the Act.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    ARL Lawsuits On The Rise

    We have seen an increase in lawsuits alleging automatic renewal law ("ARL") violations in the State of California. Because our readers may not be familiar with the ARL and the lawsuits that have followed...
    United StatesConsumer Protection
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP

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