ArticleNew Jersey Approves New Subscription Service-Automatic Renewal LawState legislatures throughout the country are increasingly enacting laws to protect consumers online. United StatesConsumer ProtectionKlein Moynihan Turco LLP
ArticleDNC Opt-Out Leaves Junkyard Singing The BluesOn 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 CallUnited StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleDoes 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, EntertainmentKlein Moynihan Turco LLP
ArticleNew 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, EntertainmentKlein Moynihan Turco LLP
ArticleOffers To Buy Real Estate Via Text Message May Violate The TCPAThe 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, EntertainmentKlein Moynihan Turco LLP
ArticleSweepstakes Law Follow Up: Draper James SuedRecently, a group of teachers in California sued both Draper James and Reese Witherspoon over the failed marketingUnited StatesMedia, Telecoms, IT, EntertainmentKlein Moynihan Turco LLP
ArticleTCR Guidance In Light Of 2025 Registration DevelopmentsAs 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, EntertainmentKlein Moynihan Turco LLP
ArticleTelemarketing Consent Revocation Rule NewsIn 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, EntertainmentKlein Moynihan Turco LLP
ArticleCIPA TikTok ClaimsOur 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 StatesPrivacyKlein Moynihan Turco LLP
ArticleMajor CIPA Wiretap Decision!California Invasion of Privacy Act ("CIPA") wiretapping claims against online businesses are topics with which our readers are well-versed.United StatesPrivacyKlein Moynihan Turco LLP
ArticlePennsylvania Wiretap Claim DismissedAn 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 StatesPrivacyKlein Moynihan Turco LLP
ArticleSwigart Law Group CIPA DemandsReaders 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 StatesPrivacyKlein Moynihan Turco LLP
ArticleProceed With Caution – DNC List Lawsuit Ends With Massive SettlementOur 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 ProtectionKlein Moynihan Turco LLP
ArticleNew ADA Website Legislation IntroducedEach 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 HRKlein Moynihan Turco LLP
ArticleCFPB Issues Advisory Opinion On Comparison-Shopping MarketingWe 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 BankingKlein Moynihan Turco LLP
ArticleJack Daniel's Petitions For Certiorari To Clarify Trademark Fair UseIn 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 PropertyKlein Moynihan Turco LLP
ArticleFTC Investigation Results In $774,755 In Consumer RefundsThe 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, EntertainmentKlein Moynihan Turco LLP
ArticlePapa John's Sued For Alleged Unauthorized Website RecordingA 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, EntertainmentKlein Moynihan Turco LLP
ArticleCritical Element Missing From Pixel Tracking LawsuitA 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 StatesPrivacyKlein Moynihan Turco LLP
ArticleNot Going To California – Wiretap Claims DismissedA California federal court recently dismissed wiretapping claims against AutoNation, ruling that the defendant lacked sufficient connection to California to establish personal jurisdiction.United StatesPrivacyKlein Moynihan Turco LLP