September 29, 2015 Last week, the Federal Trade Commission (“FTC”) filed a complaint against Roca Labs, Inc., Roca Labs Nutraceutical USA, Inc., and their respective principals (collectively, “Roca”). In its complaint, the FTC alleges various violations of the FTC Act, including the use of “gag clause” provisions in their website Terms and Conditions intended to…

September 25, 2015 On September 22, 2015, a federal judge sitting in the Eastern District of Michigan granted summary judgment and dismissed a complaint filed against DialAmerica Marketing, Inc. (“DialAmerica”), alleging that the telemarketer violated the Telephone Consumer Protection Act (“TCPA”). After reviewing the matter, the Court found that DialAmerica’s Professional Fundraising Program falls under…

September 22, 2015 Last Thursday, the Federal Communications Commission (the “FCC” or “Commission”) revised its long-standing radio and television broadcaster contest and sweepstakes rules disclosure regulations. Under the FCC’s recent report and order, what are broadcasters’ disclosure options?

September 18, 2015 By David O. Klein, Jonathan E. Turco and Joshua R. Wueller Although fantasy sports competition – the act of building and competing with imaginary sports teams comprised of real-life athletes – had meager beginnings as a hobby and pastime among friends and coworkers, fantasy sports has exploded in recent years into a…

September 21, 2015 Earlier this year, we wrote about Indiana State Representative Terre Haute and his attempts to pass a pair of bills that would have legalized: (1) sports gambling and; (2) online fantasy sports for contests that award cash prizes and which comply with criteria similar to that contained in the 2006 Unlawful Internet…

September 18, 2015 This week, a report surfaced that the Massachusetts Attorney General will be reviewing the legality of daily fantasy sports and in particular, industry giant, Boston-based DraftKings.   This report comes on the heels of related stories that the gaming commission in Nevada is undertaking a similar review, that California is moving towards regulating…

September 18, 2015 The Federal Trade Commission (“FTC”) recently announced the settlement of a pending deceptive advertising action with Carrot Neurotechnology, Inc. (“Carrot”). According to the FTC, since 2012, Carrot “advertised, labeled, offered for sale, sold and distributed the Ultimeyes software application to consumers. . . . According to its website . . . Ultimeyes…

September 17, 2015 This week, the United States Attorney for the Southern District of New York, in collaboration with the Internal Revenue Service and Federal Bureau of Investigation, announced several arrests of executives at mobile aggregation companies and mobile content providers. The arrests follow a federal investigation of the individuals’ participation in a scheme that…

September 17, 2015 We have begun to see an influx of “spam” lawsuits in the Utah federal district courts brought by XMission, L.C. (“XMission”), a Utah-based Internet Service Provider, against advertisers, marketers, and their affiliates, for alleged violations of the CAN-SPAM Act. Typically, the XMission complaints consist of allegations of materially false or misleading email…

September 15, 2015 On September 11, 2015, the Federal Communications Commission (“FCC”) issued a Citation and Order (the “Citation”), alleging that the ride-hailing company Lyft, Inc. (“Lyft”) is violating the Telephone Consumer Protection Act (“TCPA”) by requiring users to consent to receive commercial text messages and calls to their cell phones as a condition of…

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

STAY CONNECTED WITH US: