January 2017 - Klein Moynihan Turco

Cynosure Settles Fax TCPA Class Action for $16 Million

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

January 30, 2017 On Thursday, the parties in ARcare, Inc. v. Cynosure, Inc., an action concerning the Telephone Consumer Protection Act (“TCPA”), filed a motion for preliminary approval of a class action settlement of plaintiff’s fax TCPA claims. Specifically, the named plaintiff alleged that it received multiple unsolicited fax advertisements from the defendant which were […]

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5 Hour Energy Deceptive Practices Lawsuit Survives Challenge

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

January 27, 2017 A federal court in the Central District of California has denied a motion filed by the manufacturers and marketers of the dietary supplement, 5 Hour Energy, which would have dismissed a putative nationwide deceptive practices class action lawsuit. The lawsuit, focusing on alleged false misrepresentations concerning the efficacy of the 5 Hour

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FTC Settles False Advertising Action Against Breathometer, Inc.

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

January 26, 2017 On Monday, the Federal Trade Commission (“FTC”) announced that it had settled claims against the marketer of two app-supported smartphone accessories allegedly advertised as having the ability to accurately measure a consumer’s blood alcohol content (“BAC”). The apps offered by Breathometer, Inc. (“Breathometer”), as well as its founder, were featured on the

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FTC Trains Its Sights on Cross-Device Tracking

Leave a Comment / Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law / David Klein

January 25, 2017 The Federal Trade Commission (“FTC”) has released a staff report after conducting a series of workshops on cross-device tracking and related issues concerning online and mobile behavioral advertising. The staff report aims to provide recommendations to various companies, including advertising technology companies, publishers and platforms, regarding transparency, security and the provision of

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Craft Breweries Settle Beer Trademark Dispute

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

January 24, 2017 This month, Orange County-based Bootlegger’s Brewery, LLC (“Bootlegger’s”) settled its beer trademark dispute and federal lawsuit with Louisiana’s Abita Brewing Company, Inc. (“Abita”). How can a craft brewery protect its name, brands, logos and slogans?

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Blue Shield Avoids TCPA-Related Liability

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

January 19, 2017 A federal court in California recently granted a summary judgment motion filed by Blue Shield of California (“Blue Shield”), allowing it to avoid liability for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Blue Shield relied on arguments of lack of standing under the Supreme Court’s decision in Spokeo, Inc. v.

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FTC Announces Settlement of Two Big Robocall Lawsuits

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

January 18, 2017 Last Friday, the Federal Trade Commission (“FTC”) announced settlements in two separate robocall lawsuits commenced against businesses and their respective principals for the alleged placement of telemarketing calls to numerous consumers on the National Do Not Call Registry. Most of the defendants in the two robocall lawsuits have agreed to court orders

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