7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action!
July 20, 2026
As our readers may recall, we have been tracking a pending appeal centered on the question of whether or not there is a private right
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KMT is my go to outside counsel for advice on promotional marketing, privacy, sweepstakes/gaming, TCPA/TSR and many other areas impacting our business. Their specialized industry knowledge in our space is second to none. They are responsive and provide practical advice that reflects a depth of knowledge and industry expertise. They are also my go to defense counsel for TCPA litigations and other matters. With an aggressive, take no prisoners approach and subject matter expertise, their litigation team has compiled an enviable track record in shutting down these cases. And they have provided invaluable advice and assistance dealing with regulators. In short – highly recommended.
As our company began to exponentially grow, I knew we needed to re-examine the law firm we were aligned with. Running a large, dynamic, digital advertising agency is not easy, and having the right outside counsel is very important to our success. KMT’s attorneys have proven themselves to be at the forefront of the digital advertising industry, and their reputation preceded them as such. Once engaged, we found their proactive approach to handling all industry matters for us to be quite refreshing as well as valuable. Knowing we have them on our team provides us with the comfort backstop we need to know we are making good business decisions and that we will be able to continue to grow our business.
We have used KMT for all of our sweepstakes and promotion-related needs for over a decade. KMT is an invaluable resource for sweepstakes contest rules drafting, promotion marketing review and general state and federal regulatory compliance advice. They give practical, rational and effective guidance. KMT is an industry leader in this space and to proceed with a contest promotion without their guidance would be a risky proposition. I highly recommend them.
I'm very happy with the legal representation I received from Klein Moynihan Turco LLP. When I had a legal dispute with a company owned by the world's largest online retailer, other law firms were afraid to take the matter on. But KMT not only went to bat for me, KMT also got me the results I wanted.
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Class Dismissed – Class Certification Denied in CIPA Internet Tracking Lawsuit
July 1, 2026
California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet tracking software, a California federal judge recently denied a CIPA-based motion for class certification. Below, we discuss: (1) the
Better Not Call Numbers on the DNC Registry!
June 25, 2026
A recent Washington federal court complaint filed against a publicly-traded workforce apparel company (the “Company”) alleges that it violated the Telephone Consumer Protection Act (“TCPA”) by placing calls to consumers whose telephone numbers were listed on the National Do Not Call registry (“DNC Registry”). Below, we discuss the allegations set
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