In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text...more
7/23/2025
/ Advertising ,
Caller ID Services ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Enforcement ,
Litigation Strategies ,
Privacy Laws ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Last month, Hallyu Korean BBQ (“Defendant”) was named as a defendant in an internet accessibility lawsuit in the United States District Court for the Southern District of Florida. Plaintiff, who is blind, alleged that...more
7/18/2025
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Compliance ,
Damages ,
Disability Discrimination ,
Information Technology ,
Injunctive Relief ,
Internet ,
Litigation Strategies ,
Technology ,
Websites
In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by...more
7/18/2025
/ Appeals ,
Consent ,
FCC ,
Judicial Authority ,
Regulatory Authority ,
Regulatory Reform ,
Robocalling ,
Statutory Authority ,
TCPA ,
Telecommunications ,
Telemarketing
On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings...more
7/16/2025
/ Advertising ,
Compliance ,
Connecticut ,
Consumer Protection Act ,
Consumer Protection Laws ,
Disclosure Requirements ,
False Advertising ,
Fraud ,
Gaming ,
Online Gaming ,
Penalties ,
Regulatory Requirements ,
Settlement ,
State and Local Government
Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again...more
7/15/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Internet ,
Legal Technology ,
Litigation Strategies ,
Privacy Laws ,
Websites ,
Wiretapping
Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more
7/10/2025
/ Chevron Deference ,
Consent ,
FCC ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC...more
7/10/2025
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Class Action ,
Compliance ,
Consent ,
Do Not Call List ,
FCC ,
Penalties ,
Privacy Laws ,
Regulatory Requirements ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telecommunications ,
Telemarketing
Readers of this blog are not strangers to Daniel’s Law lawsuits filed by Atlas Data Privacy Corporation (“Atlas”). While waiting for the Third Circuit Court of Appeals to decide whether Daniel’s Law is constitutional, a New...more
7/3/2025
/ Appeals ,
Constitutional Challenges ,
Damages ,
Data Privacy ,
Enforcement Actions ,
Litigation Strategies ,
Motion to Dismiss ,
New Jersey ,
Personal Information ,
Privacy Laws ,
State Privacy Laws
Readers of this blog are aware of the barrage of California Invasion of Privacy (“CIPA”) claims brought against online companies. Recently, an unfavorable decision from the Ninth Circuit Court of Appeals (“Ninth Circuit”)...more
6/25/2025
/ Appeals ,
California ,
CIPA ,
Class Action ,
Data Privacy ,
Notice Requirements ,
Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Web Tracking ,
Websites ,
Wiretapping
Recently, an Artificial Intelligence (“AI”) Telephone Consumer Protection Act (“TCPA”) lawsuit was filed against a healthcare marketer in the United States District Court for the Northern District of Illinois. In Finley v....more
6/19/2025
/ Artificial Intelligence ,
Class Action ,
Consent ,
Consumer Protection Laws ,
FCC ,
Healthcare ,
Marketing ,
Proposed Rules ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
With the use of artificial intelligence (“AI”) becoming more pervasive every day, it should not surprise our readers that regulators are increasingly focused on the use of AI and its associated consumer data privacy...more
6/18/2025
/ Artificial Intelligence ,
Consent ,
Data Privacy ,
Disclosure Requirements ,
New Jersey ,
New Regulations ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Requirements ,
State Privacy Laws
On June 9, 2025, Tradercodes, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). The National DNC...more
6/12/2025
/ Class Action ,
Consumer Protection Laws ,
Do Not Call List ,
Enforcement Actions ,
Facebook Inc v Duguid ,
Marketing ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telemarketing ,
Text Messages
Recently, lawsuits alleging violations of the quiet hours restrictions of the Telephone Consumer Protection Act (“TCPA”) have been filed with increasing frequency. One law firm which has been among the most frequent filers...more
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the...more
By now, many businesses are familiar with The Campaign Registry (or “TCR”). The Campaign Registry was created as a collaboration between major United States mobile telecommunications carriers to address the growing issue of...more
6/4/2025
/ Advertising ,
Compliance ,
Enforcement ,
Filing Deadlines ,
Filing Requirements ,
Marketing ,
Penalties ,
Regulatory Requirements ,
Small Business ,
TCPA ,
Telecommunications ,
Text Messages
Readers may recall prior pieces in which we discussed a pair of law firms responsible for bringing California Invasion of Privacy Act (“CIPA”) arbitration demands against online businesses. These CIPA arbitration demands...more
5/30/2025
/ Arbitration ,
California ,
CIPA ,
Consumer Privacy Rights ,
Contract Disputes ,
Data Collection ,
Dispute Resolution ,
Enforcement Actions ,
Privacy Laws ,
State Privacy Laws ,
Websites
On May 23, 2025, Pizza Hut (“Defendant”) entered into a settlement agreement to resolve a putative class action lawsuit filed in the United States District Court for the Western District of Louisiana. In Brennan v. Pizza Hut,...more
5/30/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Damages ,
Regulatory Requirements ,
Robocalling ,
Settlement Agreements ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Text Messages
Our readers may recall a recent piece in which we discussed a petition seeking clarity from the Federal Communications Commission (“FCC”) about the Telephone Consumer Protection Act’s (“TCPA”) applicability to calls made late...more
In an earlier piece, we discussed the increase in recently-filed California Invasion of Privacy Act (“CIPA”) TikTok trap and trace device lawsuits. Generally, TikTok trap and trace actions allege that the use of TikTok...more
Earlier this week, Coinbase and its sweepstakes administrator agreed to the terms of a class action settlement in the matter of Suski v. Coinbase, Inc. After nearly four years of litigation, including a trip to the United...more
Legal sweepstakes are an effective means for brands to attract consumer attention and interaction through the allure of possible prize winnings. Some sweepstakes operators, however, have attempted to create business models...more
A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more
On April 3, 2025, the Sixth Circuit Court of Appeals affirmed the dismissal of a plaintiff’s Video Privacy Protection Act (“VPPA”) lawsuit brought against Paramount Global (“Defendant”). In Salazar v. Paramount Global, Mr....more
California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more
4/30/2025
/ California ,
CIPA ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Litigation Strategies ,
Personal Information ,
Privacy Laws ,
Summary Judgment ,
Websites ,
Wiretapping
As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff...more