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  • Article

    New Jersey Approves New Subscription Service-Automatic Renewal Law

    State legislatures throughout the country are increasingly enacting laws to protect consumers online.
    United StatesConsumer Protection
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    DNC Opt-Out Leaves Junkyard Singing The Blues

    On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Does The Use Of Chatbots Constitute Wiretapping?

    Recent California class action lawsuits are targeting websites that employ chatbots to offer their consumers real-time, online assistance. In the aftermath of the Ninth Circuit decision...
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    New Effective Date For TCPA Opt-Out Rule!

    Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Offers To Buy Real Estate Via Text Message May Violate The TCPA

    The Northern District of Georgia has been at the center of Telephone Consumer Protection Act ("TCPA") litigation over the past month. As our readers know, a Georgia federal judge recently found that text messages...
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Sweepstakes Law Follow Up: Draper James Sued

    Recently, a group of teachers in California sued both Draper James and Reese Witherspoon over the failed marketing
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    TCR Guidance In Light Of 2025 Registration Developments

    As our readership is aware, the Application-to-Person ("A2P") 10-digit long code ("10DLC") ecosystem continues to evolve as mobile carriers refine their requirements for The Campaign Registry ("TCR").
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Telemarketing Consent Revocation Rule News

    In a recent piece, we discussed a draft Notice of Proposed Rulemaking ("NPRM") from the Federal Communications Commission ("FCC") that could drastically alter the telemarketing law landscape.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    CIPA TikTok Claims

    Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act ("CIPA") violations against companies that use third-party tracking technology...
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Major CIPA Wiretap Decision!

    California Invasion of Privacy Act ("CIPA") wiretapping claims against online businesses are topics with which our readers are well-versed.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Pennsylvania Wiretap Claim Dismissed

    An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Swigart Law Group CIPA Demands

    Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies' collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC ("Swigart Law").
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement

    Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no.
    United StatesConsumer Protection
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    New ADA Website Legislation Introduced

    Each year, litigation related to the accessibility of websites for people with disabilities continues to increase. Most jurisdictions have determined that websites are places of public accommodation ...
    United StatesEmployment and HR
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    CFPB Issues Advisory Opinion On Comparison-Shopping Marketing

    We all know that consumers use the Internet to conduct comparison shopping for a variety of products and services. Consumers want to get a combination of the best price and service...
    United StatesFinance and Banking
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Jack Daniel's Petitions For Certiorari To Clarify Trademark Fair Use

    In April, we blogged about the Ninth Circuit's ruling in the matter of VIP Products LLC v. Jack Daniel's Properties, Inc. VIP Products LLC ("VIP") designs chew toys that are made to humorously...
    United StatesIntellectual Property
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    FTC Investigation Results In $774,755 In Consumer Refunds

    The Federal Trade Commission ("FTC") has settled an investigation into the business practices of A.S. Research, LLC ("A.S. Research) for allegedly making false...
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Papa John's Sued For Alleged Unauthorized Website Recording

    A hot button topic for any company conducting business in the digital marketing industry is the matter of consumer consent. Whether businesses successfully obtain the requisite consumer consent...
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Critical Element Missing From Pixel Tracking Lawsuit

    A Florida federal judge denied class certification and dismissed a pixel tracking lawsuit against an online veterinary pharmacy, ruling that plaintiffs lacked Article III standing because they had no privacy interest in the information collected. The decision provides important insights for e-commerce companies navigating the complex landscape of third-party pixel tracking technology and federal and state wiretapping laws.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Not Going To California – Wiretap Claims Dismissed

    A California federal court recently dismissed wiretapping claims against AutoNation, ruling that the defendant lacked sufficient connection to California to establish personal jurisdiction.
    United StatesPrivacy
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP

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