February 26, 2015 Lenovo, Inc. (“Lenovo”) has been named in a federal class action suit in connection with recent revelations that many of the PC manufacturer’s computers have been preloaded with a software program called Superfish Visual Discovery.  This program tracks web searches and browsing activity in order to place additional advertisements on the websites…

February 24, 2015 Earlier this month, the Federal Trade Commission (“FTC” or “Commission”) entered into a settlement agreement with Ms. Crystal Ewing requiring that she pay $9.5 million for the marketing and operation of deceptive sweepstakes promotions.  Additionally, Ewing has agreed to a permanent ban from all direct mail marketing in the future. Not Her…

February 23, 2015 After suffering a loss in New York State federal court, Sirius XM Radio, Inc. (“Sirius”) has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ruling issued by the United State District Court for the Southern District of New York in favor of recording…

February 11, 2015 The number of Telephone Consumer Protection Act (“TCPA”) class action lawsuits has grown significantly in recent years, with several thousand cases filed in 2014.  If your business contacts customers or potential customers via text, telephone or facsimile, or a third party does so on your company’s behalf, you are almost certainly on…

February 10, 2015 In the case of Glauser v. GroupMe, Inc., the District Court for the Northern District of California recently rendered a decision on motion, the focal issue of which was determining whether GroupMe, Inc.’s (“GroupMe”) group mobile messaging application fit within the Telephone Consumer Protection Act’s (“TCPA”) definition of an autodialer.  By way…

February 6, 2015 This week, the U.S. Court of Appeals for the Fourth Circuit affirmed a judgment from the United States District Court for the District of Maryland dismissing a $600 million spam lawsuit brought under California’s and Maryland’s anti-spam statutes by Internet Service Provider, Beyond Systems, Inc. (“Beyond Systems”) against Kraft Foods, Inc. (“Kraft”)…

February 6, 2015 For many retailers and manufacturers hoping to boost product sales, consumer rebates can be an effective marketing vehicle.  However, depending on the breadth of a given marketing initiative, state and federal rebate laws, rules and regulations can restrict the manner in which the rebate should be marketed and processed.  As such, before…

February 5, 2015 The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a Federal Trade Commission (“FTC”) decision that POM Wonderful, LLC  (“POM”) deceptively advertised its products’ ability to prevent, treat, or reduce the risk of certain diseases.  The FTC had initially ruled that POM’s advertisements for POM Wonderful 100% Pomegranate…

February 4, 2015 New Jersey recently amended its “Do Not Call” statute, making it easier for telemarketers to place calls within the State.  Previously, New Jersey’s Do Not Call law was both strict and specific, and written in such a way as to make most telemarketing calls to cell phones unlawful.  However, last week Governor…

February 4, 2015 Iowa is one of a handful of states in which fantasy sports games played for real money are deemed illegal – due, in large part, to an overly broad anti-gambling law, and cautionary guidance from the Iowa Attorney General.  Against this legal backdrop, Iowa State residents have been prohibited from participating in…

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

STAY CONNECTED WITH US: