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Searching Content indexed under Trials & Appeals & Compensation by David O. Klein ordered by Published Date Descending.
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1
Florida Spa Involved In "Nasty" TCPA Text Message Lawsuit
Text message marketing campaigns can increase brand awareness and sales through relatively inexpensive targeted advertising.
United States
13 Aug 2019
2
FTC Settles Another Free Trial Law Investigation
Last week, the Federal Trade Commission ("FTC") announced that it had settled a free product trial lawsuit brought against Triangle Media Corp
United States
18 Jun 2019
3
Car Dealership Promoter Slapped With Prize Promotion Lawsuit
Last month, the State of Indiana Attorney General's Office ("Indiana AG") filed a lawsuit in Indiana state court against defendant Hopkins and Raines Inc. ("H&R").
United States
22 May 2019
4
Class Certification Denied In Fax Lawsuit
In a fax lawsuit involving allegations against AT&T Mobility LLC and AT&T Mobility National Accounts LLC ("AT&T") for violation of the Telephone Consumer Protection Act ("TCPA"),
United States
1 May 2019
5
Defending TCPA Litigation
The number of Telephone Consumer Protect Act ("TCPA") lawsuits filed each year is staggering. Given the prospect of crippling financial exposure that TCPA litigation presents,
United States
8 Jan 2019
6
TCPA Law – FCC Eliminates Opt-Out Notice Requirement For Solicited Faxes
On November 14, 2018, the Federal Communications Commission ("FCC") issued an order ("2018 Order") formally eliminating the requirement that opt-out notices must be included on faxes sent...
United States
26 Nov 2018
7
U.S. Supreme Court To Hear TCPA Fax Case
The United States Supreme Court has agreed to hear argument on a matter involving the Telephone Consumer Protection Act ("TCPA"), granting certiorari to an appeal of a TCPA fax case arising...
United States
20 Nov 2018
8
NY Daily Fantasy Sports In Jeopardy After Gambling Ruling
Law360 (October 31, 2018, 5:16 PM EDT) — A New York state court's recent ruling that daily fantasy sports contests are gambling exposes operators like DraftKings Inc. and FanDuel Inc.
United States
7 Nov 2018
9
TCPA News: FCC Seeks Public Comment On ATDS Definition
A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission ("FCC") to issue a new public notice for comment on what constitutes...
United States
8 Oct 2018
10
TCPA Lawsuit "Hits" The Diamond
On September 11, 2018, Chad Fernandez ("Plaintiff") "hit" Tampa Bay Rays Baseball Ltd. ("Tampa Bay Rays") with a putative Telephone Consumer Protection Act class action lawsuit in Florida federal court.
United States
19 Sep 2018
11
Tribal Gaming Ruling: Betting On "Desert Rose Bingo" Violates UIGEA
The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the Unlawful Internet Gaming Enforcement Act ("UIGEA") that could have broad implications for online
United States
14 Aug 2018
12
Motion To Transfer Venue In Sweepstakes Law Action Granted
Last month, a federal district court in the State of New Jersey granted a motion to transfer venue filed by Raymour & Flanigan, pursuant to a forum-selection clause contained in its Sweepstakes Official Rules.
United States
7 Aug 2018
13
Second Circuit Follows D.C. Circuit's Reasoning In Vacating FCC's Interpretation Of An Autodialer
On June 29, 2018, the United States Court of Appeals for the Second Circuit issued a decision following the reasoning of the D.C. Circuit Court of Appeals' recent decision rejecting ...
United States
19 Jul 2018
14
Revocation Of Consent After The DC Circuit's TCPA Ruling
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 2015 Order ...
United States
29 Mar 2018
15
NCAA Seeks Attorneys' Fees After Sweepstakes Lawsuit Win
After winning its federal sweepstakes lawsuit against promotional contest sponsor Kizzang LLC ("Kizzang"), the National Collegiate Athletic Association ("NCAA") has requested recovery ...
United States
12 Mar 2018
16
NCAA Dunks On Sweepstakes App Provider In Trademark Lawsuit
The National Collegiate Athletic Association (the "NCAA") recently boxed out sweepstakes app provider Kizzang LLC ("Kizzang")...
United States
15 Feb 2018
17
Coachella, Trademark Lawyers Want "Filmchella" Organizer Held In Contempt
Last week, the trademark lawyers for Coachella Music Festival, LLC and the famous music and arts festival's producer, Goldenvoice, LLC (collectively, "Coachella"), asked a Los Angeles federal district court ...
United States
16 Nov 2017
18
Ask A Trademark Lawyer How To Trademark Your Domain Name
In a potentially groundbreaking decision, 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.
United States
14 Sep 2017
19
Court Curtails Expansive Fax-Related TCPA Liability
A federal court in Michigan recently rejected a plaintiff's plea to expand the scope of Telephone Consumer Protection Act ("TCPA") liability in a fax advertisement class action case.
United States
24 Aug 2017
20
Hooters Settles TCPA Lawsuit
This month, restaurant chain Hooters of America, LLC ("Hooters") agreed to pay up to $1,420,150 to settle a Telephone Consumer Protection Act ("TCPA") lawsuit filed in connection with its text message marketing practices.
United States
24 Aug 2017
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