News & Analysis as of

Consumer Protection Laws Opt-Outs

Troutman Amin LLP

EYEBROW RAISING: Albertson’s Agrees to Pay Nearly $6MM to Settle TCPA Revocation Class Action But That’s Only Half The Story Here

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On April 21, 2025 Plaintiffs ANTHONY KAMEL, LINNEA MENIN, JASMINE OTTE, JENNIFER SCHOFIELD sued Albertson Companies, Inc. claiming it had violated the TCPA by sending SMS messages to each of them after a STOP request....more

Troutman Amin LLP

JOURNEYS: Genesco, Inc. Sued in TCPA Class Action Over Promotional SMS Messages From Journeys Brand

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Interesting new TCPA class action filing. Dr. Evil and the folks at LawHQ have filed a class action against Genesco, Inc. alleging it continued to send SMS messages promoting Journeys after a consumer texted stop. Per the...more

Troutman Pepper Locke

Texas Federal District Court Grants Summary Judgment on FDCPA and TDCA Claims Over Texts and Calls to a Wrong Number

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In a recent decision from the U.S. District Court for the Southern District of Texas, the court granted summary judgment in favor of the defendants in a Fair Debt Collection Practices Act (FDCPA) and Texas Debt Collection Act...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

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SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

McGlinchey Stafford

District Court Finds Defendant Honored Opt-out Request Within Reasonable Timeframe under TCPA

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The Northern District of New York recently granted a motion to dismiss a putative class action on the grounds that the defendant honored the named class representative’s request to opt out of text messages within a reasonable...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

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After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Eversheds Sutherland (US) LLP

Last minute reprieve for businesses on FCC’s cross-channel revocation rule (but nothing else)

On April 7, 2025, with just four days to spare, the Federal Communications Commission (FCC) delayed the effective date of part of its impending rule regarding how companies respond to opt-out requests from individuals to a...more

Amundsen Davis LLC

TCPA Compliance: Is the Upcoming Opt-Out Rule a Major Game Changer?

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On April 11, 2025, there will be a new Telephone Consumer Protection Act (TCPA) revocation rule for unwanted robocalls and robotexts. This Opt-Out Rule, adopted in February 2024 by the Federal Communications Commissions...more

Parker Poe Adams & Bernstein LLP

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more

Bradley Arant Boult Cummings LLP

FCC’s New Consent Revocation Rule Set to Take Effect in April 2025

The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

State Attorney Generals Take Center Stage in the Enforcement of Consumer Privacy Opt-Out Rights

With a continued lack of progress on federal privacy legislation, state Attorney Generals are emphasizing the importance of protecting consumers and their right to opt out of sharing and selling their personal information....more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Husch Blackwell LLP

Maryland Legislature Passes Consumer Data Privacy Bill

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Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others)....more

Brownstein Hyatt Farber Schreck

FCC Upends the Lead Generation Industry

The Federal Communications Commission (“FCC”) has adopted an order that will restructure the way lead generators collect consumer consent to receive robocalls or robotexts from sellers. Many businesses, particularly small...more

Mintz - Antitrust Viewpoints

FTC Advises Copyright Office on AI — AI: The Washington Report

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The accelerating advances in artificial intelligence (“AI”) and the practical,...more

Bass, Berry & Sims PLC

Texas Data Privacy and Security Act Goes Into Effect with Impact Far Beyond Its Borders

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On June 18, Texas became the eleventh state to enact a comprehensive consumer privacy law by passing the Texas Data Privacy and Security Act (TDPSA) (HB 4). The TDPSA will take effect on July 1, 2024, which is the same day as...more

Morgan Lewis

Restrictions On The Provision Of Personal Data To Third Parties Outside Japan

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In line with the recent wave of regulations governing the use of personal data, the Personal Information Protection Act of Japan restricts the provision of personal data to third parties, with a particular focus on the...more

White & Case LLP

Do Turkish Companies Have to Comply With the California Consumer Privacy Act (“CCPA”)?

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Your business complies with the General Data Protection Regulation ("GDPR") and/or Turkish Personal Data Protection Law numbered 6698 and its secondary legislation ("PDPL"); but does it comply with the California Consumer...more

Holland & Knight LLP

Pennsylvania Gives Telephone Subscribers New Protections Against Telemarketers/Robocallers

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Pennsylvania has enacted House Bill (HB) 318,1 which expands and extends the protections given to Pennsylvania residential and wireless telephone subscribers by the 1996 Telemarketer Registration Act (TRA) in connection with...more

Seyfarth Shaw LLP

Nevada: Bucking the Wait and See Approach to Consumer Privacy Law

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In our May blog post, we took issue with the broadcast statement that ‘consumer privacy law was sweeping the country and that other states were jumping on the California Consumer Privacy Law (CCPA) bandwagon to enact their...more

Hogan Lovells

Proposed changes to Mexico’s Consumer Protection Law

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A proposal for new regulations to the Federal Consumer Protection Law was published by Mexico’s National Commission of Regulatory Improvement (CONAMER) on July 16, 2019. This Project of new Regulations is aimed to abrogate...more

Weintraub Tobin

California Dramatically Expands Consumer Privacy Rights For the Entire Country

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California recently passed the California Consumer Privacy Act of 2018, described by Former Gov. Jerry Brown as a “historic step” for California consumers, “giving them control over their personal data.”  He claimed that the...more

Polsinelli

Nevada Consumers Can Now Opt-Out of a Sale of Personal Information

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On May 29, 2019, Nevada Governor Steve Sisolak signed into law Senate Bill 220 (SB 220), which allows a Nevada consumer to “opt-out” of the sale of his or her personal information to a third party. ...more

BCLP

California Consumer Privacy Act (CCPA) Practical Guide

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There are significant differences between the version of the CCPA that was first proposed as a ballot initiative in 2017 and the version of the CCPA that was ultimately passed by the state legislature in 2018. In general, the...more

BCLP

The Practical Guide to the California Consumer Privacy Act: Part 5 The Right to Opt-Out of Information Selling

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The California Consumer Privacy Act of 2018 (“CCPA”) is arguably the most comprehensive - and complex - data privacy regulation in the United States. The CCPA was designed to emulate the European General Data Protection...more

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