While our readers are keenly aware of federal telemarketing regulations, most notably the Telephone Consumer Protection Act (“TCPA”), fewer readers likely know about the various “mini-TCPA” laws that exist in numerous states....more
8/29/2025
/ Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Marketing ,
New Regulations ,
Private Right of Action ,
Registration Requirement ,
TCPA ,
Telemarketing ,
Texas ,
Text Messages ,
Unfair or Deceptive Trade Practices
While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more
8/26/2025
/ Class Action ,
Constitutional Challenges ,
Consumer Privacy Rights ,
Damages ,
Data Privacy ,
First Amendment ,
Free Speech ,
Notice Requirements ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
State Privacy Laws
Our readers may recall a piece in which we discussed a recent decision from the United States Supreme Court which more than opened the door to judicial review of the Telephone Consumer Protection Act’s (“TCPA”) implementing...more
8/21/2025
/ Cell Phones ,
Chevron Deference ,
Consumer Privacy Rights ,
Do Not Call List ,
FCC ,
Federal Court Litigation ,
Motion to Dismiss ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Advertisements
On June 10, 2025, the United States District Court for the Northern District of Illinois issued a noteworthy decision for companies that find themselves contesting prerecorded voice claims. In Taylor v. Kin Insurance Inc.,...more
8/20/2025
/ Consent ,
Consumer Protection Laws ,
Evidence ,
Litigation Strategies ,
Motion to Dismiss ,
Pleading Standards ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Unsolicited Phone Calls
On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services,...more
Readers of this blog are well aware of the proliferation of lawsuits alleging that websites which utilize Meta Pixel tracking software violate the California Invasion of Privacy Act (“CIPA”). These lawsuits typically allege...more
8/11/2025
/ California ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Invasion of Privacy ,
Motion to Dismiss ,
Personal Data ,
Privacy Laws ,
State Privacy Laws ,
Tracking Systems ,
Web Tracking
Although the California Invasion of Privacy Act (“CIPA”) lawsuit train shows no signs of slowing down, a California federal judge recently derailed a CIPA email tracking lawsuit when it dismissed claims mirroring those...more
8/4/2025
/ California ,
CIPA ,
Class Action ,
Data Privacy ,
Electronic Communications ,
Email ,
Motion to Dismiss ,
Privacy Policy ,
State Privacy Laws ,
Telecommunications ,
Third-Party Service Provider ,
Tracking Systems ,
Web Tracking
On May 9, 2025 New York Governor Kathy Hochul signed the Algorithmic Pricing Disclosure Act (the “Act”) into law. This is the first time that a state jurisdiction has mandated use of certain disclosures if consumer data has...more
8/1/2025
/ Algorithms ,
Artificial Intelligence ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
New Legislation ,
New York ,
Personal Data ,
Private Right of Action ,
Product Pricing ,
Regulatory Requirements ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory...more
7/31/2025
/ Advertising ,
Brand ,
Cannabis Products ,
Compliance ,
Enforcement ,
Enforcement Actions ,
Marketing ,
New York ,
Penalties ,
Regulatory Requirements ,
Retailers ,
Settlement ,
State and Local Government
Last month, Lendify Associates LLC (“Defendant”) was sued in the Central District Court of California for allegedly violating the internal Do Not Call (or “DNC”) list compliance requirements of the Telephone Consumer...more
7/30/2025
/ Class Action ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Damages ,
Do Not Call List ,
Penalties ,
Personal Information ,
Statutory Violations ,
TCPA ,
Telemarketing ,
Text Messages
Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the...more
7/28/2025
/ Appeals ,
Attorney's Fees ,
Constitutional Challenges ,
Covered Person ,
Damages ,
Data Privacy ,
Litigation Strategies ,
New Jersey ,
Personal Data ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
State Privacy Laws
Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more
7/25/2025
/ Advertising ,
Compliance ,
Consent ,
Consumer Protection Act ,
Consumer Protection Laws ,
Data Privacy ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Text Messages ,
Unsolicited Advertisements ,
Websites
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