For the first time in its history, the Federal Trade Commission (“FTC”) recently initiated an action against a debt collector for its allegedly unlawful use of debt collection text messages.  Almost a month after filing its complaint in the United States District Court for the Central District of California, the FTC settled with the debt…

In a universe of cases which seem to endlessly expand the scope of TCPA liability, a breath of fresh air and common sense recently emanated from the United States District Court for the Southern District of California. Plaintiff’s TCPA Allegations In Friedman v. Torchmark  Corporation; United American Insurance Company, et. al., Plaintiff alleged that Defendant…

As evidence of the Federal Trade Commission’s (“FTC”) increased zeal to stem the tide of unsolicited commercial text message marketing, the United States District Court for the Northern District of Illinois recently approved and entered a heavy-handed final judgment against Rentbro, Inc. and its principals.  Among other things, the judgment compels Rentbro to pay to…

A New Jersey State law that would legalize sports gambling in Atlantic City casinos suffered another major setback this week when the Third Circuit Court of Appeals agreed with the lower court and found the law to be illegal. Lower Court Decision As you may remember, earlier this year the United States District Court for…

The Federal Trade Commission (“FTC”) recently entered into multi-million dollar settlements shutting down the operations of several companies that allegedly used robocalls to contact consumers in order to trick them into paying upfront fees to get low credit card interest rates (which they ultimately never received). Background: The Robocalls and Purported Scam In lawsuits commenced…

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. Common Trademark Application Missteps Applying for trademarks with…

Following the passage of a law that legalized online poker (as well as other online casino games) within the State of New Jersey in February of this year, New Jersey regulators anticipate giving the green light to certain Internet gaming websites on or about November 23, 2013. Under the New Jersey law, operators of online…

In the marketing space, the Telephone Consumer Protection Act (TCPA) is dominating the headlines.  By various accounts, TCPA lawsuits are up 40-60% in 2013, compared to the same period in 2012, and there appears to be no signs of this trend slowing any time soon. DirecTV TCPA Lawsuit On September 5, 2013, a TCPA lawsuit was…

The United States Court of Appeals for the Seventh Circuit affirmed that commercial messages sent via facsimile (“faxes”) by a marketing firm on behalf of an attorney to more than two hundred certified public accountants (“CPAs”) violated the Telephone Consumer Protection Act (“TCPA”) because they did not inform the recipients how to stop receiving future…

The case of Physicians Healthsource, Inc. v. Stryker Sales Corp., et al., currently pending in the United States District Court for the Western District of Michigan, has presented very fundamental questions that go to the heart of Telephone Consumer Protection Act (“TCPA”) class actions.  The underlying facts of the case are fairly straight forward.  The…

Copyright © 2013-2018 Klein Moynihan Turco LLP. All Rights Reserved.
Privacy Policy    Terms and Conditions
Attorney Advertising

STAY CONNECTED WITH US: