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The Evolution of Informed Consent in U.S. Courts
A recent and far-reaching decision by the Italian Data Protection Authority (Garante) has significantly altered the rules governing marketing privacy consent in Italy, introducing a potential obligation to adopt a double...more
New York’s Child Data Protection Act (NYCDPA) has gone into effect, introducing sweeping new requirements for businesses that collect personal data from minors under 18. While New York has not yet joined the ranks of the...more
In August 2024, China Judgements Online published a ruling issued by the Guangzhou Internet Court on September 8, 2023, in a case widely regarded as China’s first judicial decision addressing cross-border personal information...more
As artificial intelligence continues to transform business communications, companies will continue to face significant—and in some cases, increased—legal risks under the Telephone Consumer Protection Act (TCPA) when choosing...more
The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more
One-to-One Consent 11th Circuit Challenge Dead - As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more
Last week, on March 24, Virginia Governor Glenn Youngkin signed SB 754, which amends the Virginia Consumer Protection Act (Act) to regulate obtaining and disclosing “reproductive or sexual health information” by any...more
Two recent decisions by Québec’s data protection authority, the Commission d’accès à l’information (the “CAI”), should serve as cautionary tales for any business contemplating the deployment of biometric information...more
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
The year 2025 is certain to be a watershed for social media legislation and litigation. As it continues to shape how we connect, share, and consume information, social media remains at the forefront of public discourse due to...more
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
Businesses can breathe a sigh of relief: In Insurance Marketing Coalition v. FCC, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communication Commission’s (FCC) controversial one-to-one consent rule,...more
The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission...more
Late on Friday, January 24, 2025, much to the relief of lead generators and their customers across the country, the US Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (FCC) so-called...more
There is nothing quite like the 11th hour. On Monday, January 27, 2025, two new requirements for prior express written consent under the Telephone Consumer Protection Act (TCPA) were set to take effect. These requirements,...more
While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision...more
On Monday, January 27, 2025, the One-to-One Consent Rule (“the Rule”) promulgated by the Federal Communications Commission (the “Commission”) a year ago, on December 18, 2023, was set to go into effect. Under this Rule, a...more
Our regular readers will no doubt be familiar with the one-to-one-consent and logically-and-topically-related requirements the FCC (under the prior administration) had tried to impose as a way to close what it had described...more
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more
On October 16, the Federal Trade Commission (FTC) released the final version of its Rule Concerning Recurring Subscriptions and Other Negative Option Programs (Rule), which requires sellers of products and services to receive...more
The Federal Trade Commission (FTC) announced its final Negative Option Rule (the Rule)—which the FTC often refers to as the “Click to Cancel” rule—for automatically renewing subscriptions, free trials that convert to paid...more
Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more
The Online Interest Based-Advertising Accountability Program, which enforces privacy principles for digital advertising, recently announced its 100th action. In announcing this landmark, the Accountability Program looked back...more