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
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
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
Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). ...more
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more
Earlier this year, United HealthCare Services, Inc. (“Defendant”) agreed to settle a class action robocall lawsuit for $2.5 million. In Samson v. United Healthcare Services, Inc, filed in the United States District Court for...more
Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to...more
The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the...more
Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received...more
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s...more
Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege...more
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation...more
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more
3/3/2025
/ Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Electronic Communications ,
Financial Institutions ,
Marketing ,
Privacy Laws ,
Telemarketing ,
Text Messages ,
Unfair or Deceptive Trade Practices
The discovery process is a crucial part of any Telephone Consumer Protection Act (“TCPA”) lawsuit. Oftentimes, important information and documents, such as consent records, will be in the possession of third parties. As a...more
2/21/2025
/ Class Action ,
Consent ,
Consumer Protection Laws ,
Discovery ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Litigation Strategies ,
Regulatory Requirements ,
Subpoenas ,
TCPA ,
Telemarketing
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more
2/19/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more
2/17/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Marketing ,
Medicare ,
Privacy Laws ,
Regulatory Requirements ,
TCPA ,
Telemarketing
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s...more
2/7/2025
/ Advertising ,
California ,
CAN-SPAM Act ,
Class Action ,
Compliance ,
Consumer Protection Laws ,
Email ,
Enforcement Actions ,
False Advertising ,
Marketing ,
Unfair or Deceptive Trade Practices ,
Unsolicited Advertisements
Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...more
1/31/2025
/ Appeals ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
Facebook Inc v Duguid ,
FCC ,
Lead Generators ,
Robocalling ,
Statutory Authority ,
TCPA ,
Telemarketing
The culmination of every successful sweepstakes promotion involves the picking of a winner, or multiple winners, as applicable. Winner selection also provides the sweepstakes operator with the opportunity to generate positive...more
1/20/2025
/ Advertising ,
Affidavits ,
Consumer Protection Laws ,
Contract Terms ,
Disclosure Requirements ,
Marketing ,
Personal Information ,
Regulatory Requirements ,
Right of Publicity ,
Sweepstakes ,
Tax Liability
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking...more
1/16/2025
/ Business Opportunity Laws ,
Consumer Protection Laws ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Investment Products ,
Marketing ,
Misleading Statements ,
MLM ,
Proposed Rules ,
Regulatory Requirements ,
Remote Working ,
Unfair or Deceptive Trade Practices
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more