October 2014

FTC Files ROSCA Charges Against Online Retailers of Health-Related Products

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October 22, 2014 The Restore Online Shoppers’ Confidence Act (“ROSCA”) was enacted in January 2011 to prohibit online retailers from charging consumers’ financial accounts unless they have clearly disclosed all material terms associated with their subject products or services and obtained consumers’ express informed consent to bill for those products or services.  ROSCA mandates that […]

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Klein Moynihan Turco Scores Major Trademark Infringement Win

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October 21, 2014 On September 3, 2014, the United States District Court for the District of Connecticut held that Lavatec Laundry Technology GmbH owns the exclusive rights in and to the trademark “LAVATEC” in the United States.  The holding followed a week-long trial and over four years of litigation. The Facts of the Trademark Infringement

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American Bankers Association Seeks TCPA Exemption for Certain Consumer Notifications

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October 17, 2014 Earlier this week, the American Bankers Association (“ABA”) filed a Petition for Exemption with the Federal Communications Commission (“FCC”) requesting that financial institutions be permitted to transmit certain automated text and voice message calls to consumer’s mobile telephones without obtaining prior express written consent to do so. The American Bankers Association Consumer

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Connecticut’s New TCPA-Like Telemarketing Law Mandates Enhanced Damages and Is Now in Effect!

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October 14, 2014 As we have detailed countless times on this blog, the Telephone Consumer Protection Act (“TCPA”), with some notable exceptions, allows individuals to file lawsuits (including class action lawsuits) to collect damages ranging from $500.00 to $1,500.00 for each unsolicited fax, pre-recorded telephone call and/or autodialed telephone call sent/placed by telemarketers.  While the penalty provisions of the

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Associated Press Quote David O. Klein in Voice Biometrics Article

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October 12, 2014 In this Wednesday, Dec. 19, 2012, file photo, a man walks past a Wells Fargo branch in Philadelphia. Wells Fargo and Chase, two of America’s biggest retail banks, are quietly taking some callers’ voiceprints to fight fraud, an Associated Press investigation has found. (AP Photo/Matt Rourke)       LONDON (AP) —

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

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October 13, 2014 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.  Specifically, the FTC alleged that WordSmart misrepresented the benefits of its products to

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AT&T Mobility Enters into $105 Million Settlement with FTC for Alleged Mobile Cramming

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October 10, 2014 Earlier this week, AT&T Mobility, LLC (“AT&T) entered into a Stipulated Order for Permanent Injunction and Monetary Judgment with the Federal Trade Commission (“FTC”) relating to allegations of mobile “cramming,” the unlawful practice of placing unauthorized third-party charges on mobile telephone bills. $105 Million Mobile Cramming Settlement As part of the settlement,

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