July 2014 - Klein Moynihan Turco

FTC Enforces Restraining Order against Cramming Defendants

Leave a Comment / Blog, Data & Privacy Law, Journal / David Klein

As part of the increased regulatory focus on the mobile marketing space, the U.S. District Court for the Central District of California issued a temporary restraining order against six (6) companies and their respective principals, effectively halting an alleged mobile phone cramming scheme. “Cramming” is the act of placing unauthorized charges on a consumer’s telephone bill. In […]

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Ticket Resellers Settle Major Deceptive Advertising Lawsuit with the FTC and Connecticut AG

Leave a Comment / Journal / David Klein

Last week, event ticket resale website TicketNetwork, Inc. and two of its marketing partners, Ryadd, Inc. and SecureBoxOffice, LLC (collectively the “Defendants”), settled a lawsuit brought against them by the Federal Trade Commission (“FTC”) and the Connecticut Attorney General’s Office. Among other things, the Defendants have agreed to pay $1.4 million into a Connecticut fund dedicated

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FTC Obtains Multi-Million Dollar Judgments Against Alleged Fake Malware Tech Support Companies and Their Owners

Leave a Comment / Journal / David Klein

The United States District Court for the Southern District of New York recently issued default judgments in six separate actions in favor of the Federal Trade Commission (“FTC”) against fourteen corporate defendants and fourteen individual defendants that allegedly operated tech support scams out of India. The judgments follow extensive litigation and earlier settlements with other

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Court Finds No Long Arm Jurisdiction Exists Over Principal in TCPA Lawsuit

Leave a Comment / Blog, Journal, Telemarketing Law / David Klein

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”). The lawsuit involves claims by the plaintiff that N&G Capital LLC, M&S Recovery Solutions LLC and their respective principal violated the TCPA and

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Federal Trade Commission Provides Additional COPPA Amendment Guidance

Leave a Comment / Journal / David Klein

As we previously reported, the Federal Trade Commission (FTC) adopted final amendments to the Children’s Online Privacy Protection Rule (COPPA), effective on July 1, 2013, that serve to: (i) strengthen online privacy protection for children under 13 years of age; and (ii) ensure that parents are given an increased role in controlling their children’s online

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Deceptive Advertising Lawsuits Filed by Multiple State Attorneys General against 5-Hour Energy

Leave a Comment / Journal / David Klein

#121941295 / gettyimages.com Major supplement marketers of the popular 5-Hour Energy drink, Living Essentials, LLC and its parent Innovation Ventures LLC (“Defendants”), have been named in three (3) separate lawsuits brought by the respective Offices of the Attorney General of Oregon, Vermont and Washington. Among other things, the civil complaints allege that the Defendants are

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Cactus Juice Marketers Agree to Pay $3.5 Million to FTC

Leave a Comment / Journal / David Klein

On July 11, 2014, the Federal Trade Commission (“FTC”) announced a $3.5 million settlement with TriVita, Inc. (“TriVita”), Ellison Media Company (“EMC”) and their respective principals. The FTC filed a complaint against the parties on July 10, 2014 in the United States District Court for the District of Arizona. The FTC alleged that TriVita and

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Interstate Online Poker Websites May Soon Be Linked Through One Online Portal

Leave a Comment / Journal / David Klein

We previously detailed the passage of an amendment to Nevada’s online poker law that allows Nevada’s governor to reach agreements to create joint player pools with residents of other states. Since passage of the amendment, Nevada has entered into an interstate online poker compact with Delaware, and it is widely believed that an agreement with New Jersey will soon follow. Despite both

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