March 30, 2018  Last week, a federal district court in the Commonwealth of Massachusetts denied a motion to dismiss based on personal jurisdiction in a website accessibility lawsuit brought under Title III of the Americans with Disabilities Act (“ADA”).  This website ADA lawsuit was filed by Massachusetts resident, Stephen Théberge (“Théberge”), who is legally blind,…

March 28, 2018 The reasonableness of consent revocation was one of four issues addressed in the recent decision on appeal of the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 2015 Order by the United States Court of Appeals for the D.C. Circuit. How did the D.C. Circuit rule on the revocation of consent…

March 27, 2018 In almost every instance, the End User License Agreement (“EULA”) associated with a mobile application (or “app”) is the primary legal document memorializing the terms and conditions that will govern the relationship between End Users and the subject mobile app provider. Given this unique role, End User License Agreements are absolutely vital…

February 20, 2018 Late last week, the United States Court of Appeals for the D.C. Circuit issued its long-awaited decision on the challenge to the Federal Communications Commission’s (“FCC”) 2015 Order interpreting the Telephone Consumer Protect Act (“TCPA”).  While the D.C. Circuit touched upon various aspects of the FCC’s 2015 Order, it was particularly pointed…

March 9, 2018 On March 5, 2018, a motion to dismiss a fax class action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Prevention Act, in the United States District Court for the Northern District of Illinois was denied. In Florence Mussat, M.D. S.C. v. Enclarity, No. 1:16-cv-07643…

March 8, 2018 After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC (“Kizzang”), the National Collegiate Athletic Association (“NCAA”) has requested recovery of over $242,000 in attorneys’ fees from Kizzang. Why is Kizzang footing the NCAA’s six-figure legal bill?

March 7, 2018 Recently, a federal district court in the Commonwealth of Massachusetts refused to dismiss a website accessibility lawsuit against 1-800-Flowers.com brought under Title III of the Americans with Disabilities Act (“ADA”) by Access Now on behalf of three plaintiffs who are legally blind. The plaintiffs sued in the United States District Court for…

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

STAY CONNECTED WITH US: