September 2017

Office Supply Marketers Settle Deceptive Trade Practices Investigation

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September 27, 2017 The Federal Trade Commission (“FTC”) recently announced a $7 million settlement with an office supply marketer and its individual owner.  The FTC had filed a lawsuit in the United States District Court for the Central District of California in connection with charges of unfair and deceptive trade practices related to the marketing […]

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ADA Accessibility, a Must for All Websites?

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September 22, 2017 The Americans with Disabilities Act (“ADA”) was enacted to make American society more accessible for people with disabilities.  While many business owners may be familiar with physical accessibility improvements such as wheelchair ramps and Braille signs, fewer are aware that the U.S. Department of Justice (“DOJ”), class action plaintiffs’ attorneys and some

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FTC Lawsuit Alleging Deceptive Marketing of “Free” Products and Continuity Plans Settles

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September 18, 2017 The Federal Trade Commission (“FTC”) has announced that ten online marketers of cooking and golf-related products have agreed to settle claims alleging violations of the FTC Act and the Restore Online Shoppers’ Confidence Act, based on the marketers’ alleged improper use of two types of negative option offers:  (i) continuity plans, where

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Why Your Sweepstakes Promotion Needs a Privacy Policy

1 Comment / Blog, Data & Privacy Law, Journal /

September 14, 2017 Sweepstakes Privacy Policies: A Key Aspect of Sweepstakes Promotions Promotional contests, giveaways and sweepstakes are invaluable tools for businesses looking to attract new customers.  Unlike simple, unincentivized, requests for consumer information, sweepstakes drive consumers to provide their information to a given business by offering entrants the chance to win prizes and other

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FTC Settles Landmark Social Media Influencer Investigation

2 Comments / Blog, Journal, Online Gambling Law /

September 12, 2017 The Federal Trade Commission (“FTC”) recently announced that it had reached a settlement in an investigation of social media influencers’ alleged deceptive business practices.  According to the FTC, the subject administrative complaint was the agency’s first ever investigation of individual social media influencers for product endorsement-related practices. What was the nature of

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Ask A Trademark Lawyer How to Trademark Your Domain Name

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September 11, 2017 In a potentially groundbreaking decision (Booking.com B.V. v. Matal, et al., Index No. 16-cv-425 (the “Trademark Lawsuit”)), a U.S. District Court recently overruled the U.S. Patent and Trademark Office (“USPTO”) and ordered the USPTO to register BOOKING.COM as a trademark.  The Trademark Lawsuit reinforces the importance of consulting with an experienced trademark

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KMT’s David Klein Weighs in with Forbes Legal Newsline on the TCPA, Text Messages

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September 5, 2017 An Illinois federal court’s decision refusing to dismiss a lawsuit brought against a university over a series of allegedly unsolicited text messages is “unfortunate,” says one of the most recognized attorneys in the technology and telecommunications fields. David O. Klein, managing partner of New York City-based Klein Moynihan Turco LLP, said the July

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