August 2019 - Klein Moynihan Turco

Deceptive Marketing Practices, Lead Generators and the FTC

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

August 30, 2019 On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission (“FTC”) arising out of allegations of deceptive marketing. Specifically, the FTC alleged that Career Education Corporation and its subsidiaries (collectively, “CEC”) violated Sections 5, 13, and 19 of […]

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Tom Brady’s “Tom Terrific” Trademark Application Sacked by Trademark Law

Blog, Journal, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

August 29, 2019 On May 24, 2019, Tom Brady’s company, TEB Capital Management, INC. (“TEB”), submitted separate intent-to-use trademark applications for “Tom Terrific” (the “Mark”) in connection with international class 025 for T-shirts and shirts, and international class 016 for collectible trading cards, sports trading cards, posters, and printed photographs, respectively. These applications were refused

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Anti-Robocalling Principles Established by State Attorneys General

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

August 27, 2019 On August 22, 2019, it was announced that 51 state attorneys general and 12 telecommunications service providers (AT&T, Bandwidth, CenturyLink, Charter, Comcast, Consolidated, Frontier, Sprint, T-Mobile, US Cellular, Verizon and Windstream) have collaborated to implement certain anti-robocalling principles intended to protect consumers from the growing scourge of illegal robocalls. In announcing this

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Reminder: Nevada Opt-Out Requirements Take Effect October 1

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

August 22, 2019 We have previously blogged about Nevada Senate Bill 220 and how it amended Nevada’s data privacy law to provide consumers with the ability to opt-out of the sale of their personally identifiable information to certain businesses. Given that the Nevada opt-out requirements go into effect on October 1, 2019, we wanted to

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Website Accessibility Lawsuits Abound

Journal / David Klein

August 21, 2019 Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone. These website accessibility lawsuits have been brought under Title III of the Americans with Disabilities Act (“ADA”), which prohibits discrimination on the basis

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FTC Settles Email Lawsuit with Unrollme

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law / David Klein

August 15, 2019 The Federal Trade Commission’s (“FTC”) Bureau of Consumer Protection has entered into a consent agreement with Unrollme Inc. (“Unrollme”), preventing Unrollme from continuing to engage in practices which the FTC considers to be unfair or deceptive, in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a). This

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Florida Spa Involved in “Nasty” TCPA Text Message Lawsuit

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

August 12, 2019 On July 22, 2019, Amanda Defranks (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against clothing retailer, nastygal.com USA Inc. (“nastygal.com”). The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Amanda Defranks v. nastygal.com USA

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California Court Issues Major Decision for the Email Marketing Industry

Journal / David Klein

August 8, 2019 A trial court in California recently issued a ruling interpreting California Business and Professions Code Section 17529.5 (“17529.5”) in Greenberg et al. v. Digital Media Solutions LLC et al., CGC-18-572010 that has the potential to profoundly impact the email marketing industry. In dismissing claims for alleged violation of 17529.5 against an Advertiser

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