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New & Amended Telemarketing Laws Sweep the States

Best Practices - Any company not otherwise exempt that engages in telemarketing to residents of Oklahoma, Washington, New York, and Florida (or anyone with an area code in these states) should immediately take the...more

The BR Privacy & Security Download: June 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. ...more

The BR Privacy & Security Download: May 2022

STATE & LOCAL LAWS & REGULATIONS - Connecticut Passes Comprehensive Privacy Bill - The Connecticut Legislature has become the fifth state in the United States to pass a comprehensive privacy law....more

The BR Privacy & Security Download: April 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

The BR Privacy & Security Download: February 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. ...more

The BR Privacy & Security Download: January 2022

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. We invite you to share this resource with your colleagues and visit...more

The BR Privacy & Security Download: December 2021

Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. The rapid pace at which technology and data privacy and security...more

The BR Privacy & Security Download: November 2021

Welcome to this month's issue of The BR Privacy & Security Download, the new digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice. The rapid pace at which technology and data privacy and security...more

Florida’s “Mini-TCPA” May Be More Broad and More Severe Than Its Federal Telemarketing Counterpart

On July 1, 2021, Florida enacted a comprehensive new telemarketing law that arguably goes beyond the federal Telephone Consumer Protection Act (“TCPA”). Referred to as Florida’s “Mini-TCPA,” this new law, CS/SB 1120, updates...more

How SCOTUS Clarified the Spokeo Standard of “Concrete” Harm Necessary to Establish Article III Standing, and What It Means for the...

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021) (“TransUnion”), providing much needed clarity regarding the type of...more

The Eleventh Circuit Issues Important Opinion on the Inapplicability of Title III of the Americans with Disabilities Act to...

On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101...more

Marketing and Privacy: Supreme Court Narrows the Applicability of the TCPA’s Written Consent Requirement

Companies engaging in telephone and text marketing will find some relief in the Supreme Court of the United States’ (“SCOTUS”) recent holding in Facebook, Inc. v. Duguid, which narrows the scope of the Telephone Consumer...more

California Voters Scrap CCPA For Even More Stringent California Privacy Rights Act

In 2018, California lawmakers passed what was—until just recently—the most groundbreaking piece of privacy legislation in the United States—the California Consumer Privacy Act of 2018 (“CCPA”). Although the CCPA has only been...more

As Safer-At-Home Restrictions Begin to Ease, It’s Time for Retailers to Refine Their Omnichannel Strategies

The term “omnichannel” describes a phenomenon where customers experience each of a company’s different sales and marketing channels in a unified fashion. An omnichannel strategy is a plan of action designed to optimize...more

Beware of Telemarketing Call Limitations during the COVID-19 Public Health Crisis

Within a span of weeks, the coronavirus (“COVID-19”) pandemic has swept across the country, causing unprecedented disruption across all business sectors. In particular, telemarketers now face sizeable legal restrictions on...more

TRACED Act Further Expands Scope of Telephone Consumer Protection Act Liability

In response to the rising number of unwanted robocalls, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, Public Law No: 116-105, signed into law by President...more

What to Know About California’s Automatic Renewal Law – Traps for the Unwary

California is usually the trailblazer state for most consumer-facing legislation, and litigation. Enterprising plaintiffs’ attorneys usually look to California first for the venue in which to “vindicate” consumer rights (by...more

California Legislature Brings Clarity and Focus to the California Consumer Privacy Act with the Passing of Five CCPA Amendments

For months now, proposed amendments to California’s new game-changing privacy law—the California Consumer Privacy Act of 2018 (“CCPA”)—have been working their way through the California state legislature. On the last day of...more

Despite the Passage of CCPA Employee Amendment, Employers Still Face Significant Compliance Burdens under California’s New Privacy...

On September 13, 2019, the California legislature brought much-anticipated clarity and focus to the scope of the California Consumer Privacy Act of 2018 (“CCPA”) with the passing of five amendments—including Assembly Bill 25...more

Minimize Litigation Risks When Using Biometric Data

This is the second article in a two-part series on biometric technology and the law. The first article explains the legal requirements for using biometrics in the workplace. This article provides tips on avoiding...more

Learn the Rules on Employers’ Use of Biometric Data

This is the first article in a two-part series on biometric technology and the law. This article explains the legal requirements for using biometrics in the workplace. The second article provides tips on avoiding...more

Biometric Data Risks Lawsuits

In the summer of 2017, a supermarket chain owned by Kroger was hit with a putative class-action lawsuit for allegedly violating a law protecting individuals’ biometric data and information. Originally published in Industry...more

China Agritech May Cork Repeat TCPA Class Actions

When envisioning the international performing arts troupe of Cirque du Soleil, there would be little reason to consider the appropriateness of their use of faxes for marketing purposes. But this conduct is exactly what the...more

Turning the Tide: Spokeo and the Requirement of Actual Harm for Article III Standing

The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), represents a critical turning point in class-action litigation. At issue in Spokeo was whether Congress may confer Article III...more

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