News & Analysis as of

Marketing Privacy Laws

Troutman Amin LLP

BUY AWAY?: Another Court Holds Offers to Buy Real Estate Are Not “Telephone Solicitations” Under the TCPA’s DNC Provisions

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Another day, another data point. In Aussieker v. Aghazadeh, 2025 WL 2021040 (E.D. Cal. July 18, 2025) the Court followed the recent decision in Coffey and concluded offers to buy property simply do not trigger the TCPA’s DNC...more

Bradley Arant Boult Cummings LLP

A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule

The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed in...more

Troutman Amin LLP

CHAOS CHAOS: A different Court Holds SMS Messages ARE Subject to TCPA DNC Protections– On the SAME DAY A Different Court Disagreed

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Gees keep up everyone! Moments ago I told you to expect chaos as a district court just held (for the first time) SMS Messages are NOT subject to the TCPA’s DNC rules. I told you other courts would disagree. Didn’t realize...more

Troutman Amin LLP

“Prepare for the onslaught of 64.1601 claims”: New Ruling Confirms Private Right of Action On Caller ID AND Extends Rule to SMS...

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Received an email from Andrew Perrong this morning entitled: “Prepare for the onslaught of 64.1601 claims.” He wasn’t kidding. This is a complete disaster. In Newell v. JR Capital, 2:25-cv-01419-GAM (E.D. Pa. July 16, 2025)...more

Goodwin

The Data Shift: UK Sets a New Course With 2025 Data (Use and Access) Act

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The Data (Use and Access) Bill passed both Houses of UK Parliament and received Royal Assent on 19 June 2025, now becoming the Data (Use and Access) Act 2025 (“DUA Act”). This is the final iteration of the Data Protection and...more

DLA Piper

Italy: Marketing Privacy Consent – Is Double Opt-In Now Mandatory?

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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

Conyers

Bermuda SMS/MMS Marketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Emarketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Telemarketing Guidance Note

Conyers on

1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more

Hogan Lovells

Submitting tracking pixels in emails to consent: the CNIL launches a public consultation

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On 12 June 2025, the French data protection authority (CNIL) launched a public consultation on a draft recommendation regarding the use of tracking pixels in emails. This recommendation roughly assimilates pixels and any...more

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

Coblentz Patch Duffy & Bass

Second Circuit Limits VPPA Claims Regarding Meta Pixel Data Collection in Solomon v. Flipps Media: A Win for Companies Using...

In a significant development for companies targeted by (or vulnerable to) litigation over website data collection practices, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a Video Privacy...more

Kelley Drye & Warren LLP

[Event] Health Insights and Beyond: AdTech Privacy Challenges and Opportunities - May 14th, New York, NY

Join Kelley Drye and the Interactive Advertising Bureau (IAB) for an in-person workshop designed to explore the intersection of health information, adtech, and privacy law, sensitive health information, and advertising...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

Sheppard Mullin Richter & Hampton LLP

If You Are Uptight About AI, This May Relax You

While AI has many people uptight, Aescape has developed technology to help you relax – AI robotic massage. Aescape touts that it combines the timeless art of massage with robotics and artificial intelligence to deliver an...more

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

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Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

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

Venable LLP

Your Employee's Right of Publicity (NIL)

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Your company believes it has an employee-friendly culture, and it wants to publicize/exhibit/promote/exploit that positive experience in its external marketing and promotional materials and internal correspondence and...more

DLA Piper

UK: Gambling Operator Held Liable for Breaching Data Protection Law

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In RTM v Bonne Terre Limited Hestview Limited, the English High Court found the Defendants, operating as Sky Bet (SBG), liable for breaches of data protection law. The claim raises important points of law for all...more

Klein Moynihan Turco LLP

Current TCPA and Medicare Marketing Landscape

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

BakerHostetler

COPPA is All Grown Up: FTC Finalizes Rule

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After a very long process, the Federal Trade Commission (FTC or Commission) announced the finalized updates to the Children’s Online Privacy Protection Act (COPPA) Rule. COPPA was last updated nearly 12 years ago, and much...more

Sheppard Mullin Richter & Hampton LLP

2025 Top-of-Mind Issues for Life Sciences Companies

DTC Telehealth Platforms - Arrangements involving telemedicine and direct-to-consumer (“DTC”) business services are expected to be a source of major regulatory scrutiny. In 2024, such arrangements were the focus of proposed...more

Fox Rothschild LLP

FTC’s Final Changes to COPPA Rule

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Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of...more

BakerHostetler

Use of AI in Marketing and Digital Media - 2025 Playbook

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Right now, we are all taking stock of the many important issues and challenges we saw crop up for clients last year, trying to predict what they will face in the coming year, and strategizing about how we can help....more

Moritt Hock & Hamroff LLP

Consumers Tricked By Epic’s Deceptive Tactics and Privacy Violations To Receive Refunds In Fortnite Settlement With FTC

n December 2022, the Federal Trade Commission (FTC) announced that Epic Games, Inc. had agreed to a $275 million penalty for violating the Children’s Online Privacy Protection Act (COPPA) through its Fortnite video game....more

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