Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their...more
1/30/2025
/ CIPA ,
Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Privacy Laws ,
Social Media ,
State Privacy Laws ,
Third-Party ,
TikTok ,
Web Tracking
In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of...more
1/24/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Invasion of Privacy ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party ,
Web Tracking
In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act...more
1/22/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Civil Rights Act ,
Disability Discrimination ,
Discrimination ,
Equal Protection ,
Goods or Services ,
Public Accommodation ,
Reasonable Accommodation ,
Standing ,
Title III ,
Websites
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
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
1/10/2025
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data-Sharing ,
ECPA ,
Electronic Communications ,
Health Care Providers ,
Privacy Laws ,
Third-Party ,
Websites ,
Wiretapping
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
A recent class action lawsuit filed in a Texas federal court asserts a Telephone Consumer Protection Act (“TCPA”) claim against American Family Life Assurance Company, Inc. (“AFLAC”) for allegedly placing unsolicited...more
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded...more
12/20/2024
/ CAN-SPAM Act ,
Class Action ,
Do Not Call List ,
Email ,
Marketing ,
Prior Express Consent ,
Robocalling ,
Statutory Damages ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Trucking Industry
The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week over a challenge to the...more
On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff’s prerecorded voice claims. In Davis...more
Readers of this blog may recall a piece in which we discussed a New Jersey State law known as Daniel’s Law and Atlas Data Privacy Corporation (“Atlas Data”), a consumer data protection company. Shortly after Daniel’s Law was...more
12/11/2024
/ Cease and Desist ,
Civil Monetary Penalty ,
Consumer Privacy Rights ,
Data Brokers ,
Data Protection ,
Data-Sharing ,
Failure to Comply ,
Motion to Dismiss ,
New Jersey ,
Personally Identifiable Information ,
State Privacy Laws
As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand...more
The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act (“TCPA”) was amended to...more
As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to...more
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more
11/27/2024
/ Auto-Dialed Calls ,
CIPA ,
Consent ,
Data Collection ,
Declaration ,
Invasion of Privacy ,
Summary Judgment ,
TCPA ,
Tracking Systems ,
Web Tracking ,
Websites
The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law...more
11/27/2024
/ Compliance ,
Fantasy Sports ,
Gambling ,
Legal Representatives ,
Online Gaming ,
Opinion Letter ,
PASPA ,
Payment Processors ,
Sports Betting ,
Sports Gambling ,
Unlawful Internet Gambling Enforcement Act (UIGEA)
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event...more
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The...more
As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other...more
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment...more
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more
The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were...more
On October 28, 2024, The Sports Prophets Inc. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more