September 2019 - Klein Moynihan Turco

FTC Calls for Public Comment on Negative Option Marketing

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

September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes […]

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Match.com’s Alleged Deceptive Marketing Practices Lead to Federal Action Under FTC Act/ROSCA

Journal / David Klein

September 27, 2019 On September 25, 2019, the Federal Trade Commission (“FTC”) filed a Complaint against Match Group Inc. (“Match Group”), parent company of Match.com, seeking a permanent injunction and civil penalties. The FTC’s Complaint alleges that Match.com engaged in the use of deceptive marketing practices “to induce consumers to subscribe to Match.com and keep

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New Mobile Operating System Targets Unsolicited Telemarketing Calls

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

September 27, 2019 Apple Inc. has released a new operating system for its mobile devices that is likely to have a significant effect on the telemarketing industry. Among the features included in the new operating system, iOS 13, is one that is intended to provide users with the ability to effectively eliminate their receipt of

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CCPA Amendments Provide Some Clarity

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

September 26, 2019 Readers of this blog have been following our updates on prospective amendments to the California Consumer Privacy Act (“CCPA”). Among other amendments, Assembly Bill No. 1355 (the “Bill”) was passed by the California State Legislature on September 13, 2019. This CCPA amendment, if signed into law by Governor Newsom, will, among other

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CCPA Exception Approved by California Legislature

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

September 25, 2019 As we have previously blogged, the California Consumer Protection Act (“CCPA“) will impose significant new obligations on how businesses handle California State residents’ personal information. Although the CCPA is scheduled to go into effect on January 1, 2020, California lawmakers are still working on amendments, implementing regulations, and clarifying CCPA exceptions. Shortly

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Does Soundboard Technology Comply with TCPA and TSR

Does use of Soundboard Technology Violate the TCPA?

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

On September 13, 2019, Florida-based company Yodel Technologies LLC (“Yodel”) petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling concerning the use of soundboard technology. Specifically, the petition addresses the question of whether soundboard technology should be considered a pre-recorded voice message, or “robocall,” within the meaning of the Telephone Consumer Protection Act (“TCPA”).

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CCPA Amended to Require California Data Broker Registration

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

September 23, 2019 On September 13, 2019, the California State Legislature passed Assembly Bill No. 1202 (the “Bill”), amending the California Consumer Privacy Act (“CCPA”) to require certain businesses to register as data brokers with the State Attorney General’s Office. The Legislature believes that a California data broker registry will provide greater transparency on the

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CCPA Compliance Preparation – Must all Businesses Comply?

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

September 13, 2019 As readers of this blog well know, on January 1, 2020, the California Consumer Privacy Act (“CCPA”) will go into effect. Businesses must be prepared to comply with the CCPA in order to avoid civil penalties of up to seven thousand five hundred dollars ($7,500) per violation. The first step in that

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