February 2015 - Klein Moynihan Turco

World’s Largest PC Manufacturer Sued for Preloading Adware on Computers

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 […]

World’s Largest PC Manufacturer Sued for Preloading Adware on Computers Read More »

$9.5 Million Penalty, Lifetime Ban for Deceptive Sweepstakes Promotion

New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal

Leave a Comment / Blog, Journal, Trademark & Copyright Law / David Klein

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

New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal Read More »

Defending a TCPA Lawsuit: Do’s and Don’ts

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

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

Defending a TCPA Lawsuit: Do’s and Don’ts Read More »

Another Court Weighs in on TCPA Definition of Autodialer

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

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

Another Court Weighs in on TCPA Definition of Autodialer Read More »

Court Dismisses $600 Million Spam Lawsuit Against Kraft Foods

Rebate Laws: 4 Things That Every Marketer Should Know

79 Comments / Journal / David Klein

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 launching a consumer

Rebate Laws: 4 Things That Every Marketer Should Know Read More »