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K&L Gates LLP

Washington Supreme Court Increases Risks of Lawsuits for False or Misleading Email Subject Lines

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The Supreme Court of Washington recently clarified the scope of violative practices under the Washington Consumer Electronic Mail Act (CEMA). In Brown v. Old Navy, LLC, the Court ruled 5-4 that CEMA prohibits advertisers from...more

Perkins Coie

Class Action Lawsuit Over Marketing Email Tracking Pixels Dismissed by Federal Court

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Key Takeaways - - At least four courts have now held that retailers using email for marketing are not considered “communication service providers” and therefore are not subject to TUCSRA. - At least five courts have now held...more

BakerHostetler

Not to Change the Subject (Line) ...but Email Marketers May Want to Take Note of a Recent Washington Supreme Court Ruling

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Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more

Klein Moynihan Turco LLP

Email Marketing Compliance

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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

Herbert Smith Freehills Kramer

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Herbert Smith Freehills Kramer on

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Davis Wright Tremaine LLP

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

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Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

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