News & Analysis as of

Opt-Outs Marketing

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

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

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

Shipkevich PLLC

TCPA Compliance Alert: FCC’s New Opt-Out Rule Takes Effect April 11, 2025

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The Federal Communications Commission’s (“FCC” or the “Commission”) recently adopted a new Opt-Out Rule under the Telephone Consumer Protection Act (“TCPA”), which will take effect on April 11, 2025. Currently, the TCPA...more

BCLP

The TCPA’s New Opt-Out Rules Take Effect on April 11, 2025 - What Does This Mean for Businesses?

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The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...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

Womble Bond Dickinson

Inbox Overload: Massachusetts Lawsuits Target Online Retailers’ Email Collection

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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more

Klein Moynihan Turco LLP

Buy Me Some Peanuts, Cracker Jack, And A TCPA Lawsuit

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his...more

Venable LLP

Fast VAST Update: Plaintiffs Allege Autorenewal Violations against Multilevel Marketing Company

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Last week, a class action was filed in California state court alleging that Optavia, a multilevel marketing (MLM) company selling weight loss products and services, violated California's Automatic Renewal Law (ARL). The case,...more

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

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Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more

Lerman Senter PLLC

FCC Proposes Changes and Clarifications for Robocall/Robotext Rules

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The FCC is asking for comments on proposed changes and clarifications to its robocall and robotext requirements for grant and revocation of consumer consents. Revocation of Consent. The FCC wants its current opt-out and...more

ArentFox Schiff

2023 Resolution: Review & Update Your Privacy Program

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Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1. The California Privacy Rights Act (CPRA) – effective January 1, 2023, enforceable July 1, 2023....more

Womble Bond Dickinson

Regulation of Dark Patterns Protects Consumers on the Web

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When I was in college, I attended an old fashioned tent revival show. My roommate was taking a comparative religion class and I accompanied him to a number of spiritually-focused events outside the frame of most college...more

Fox Rothschild LLP

New York’s Adult-Use Cannabis Law: Opportunity Starts With The Right Real Estate

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Second in a series on the New York State Cannabis/Marijuana Regulation & Taxation Act- The New York State Marijuana Regulation and Taxation Act (MRTA), signed into law on March 31, legalized recreational use of marijuana...more

BakerHostetler

CA Privacy Law Reboot – CCPA 2.0

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The California Privacy Rights Act (CPRA) is going to be on the November 3 ballot. The CPRA would amend the California Consumer Privacy Act (CCPA) to provide a greater level of rights for consumers and more stringent...more

Shook, Hardy & Bacon L.L.P.

Florida’s Proposed Privacy Legislation: An In-Depth Analysis for Corporate Counsel

The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more

Rumberger | Kirk

Is Text Marketing Your Recipe for Success Or Your Company’s Downfall?

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Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers. Originally...more

BCLP

What concerns have been raised with the IAB’s Do Not Sell Framework?

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The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing; its members include both media companies and advertising technology companies.  In October of...more

Womble Bond Dickinson

CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready?

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Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Mintz

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

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FCC Seeks Comment on Petition Requesting Clarification - On March 7, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice seeking comment on a Petition for Expedited Clarification or Declaratory...more

Sheppard Mullin Richter & Hampton LLP

UK Issues Fine for Unsolicited Funeral Marketing Emails

The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid...more

BCLP

Email Marketing

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Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Davis Wright Tremaine LLP

[Webinar] The FCC Privacy Rules: What You Need to Know - Nov. 29th and Dec. 6th, 1:00pm Eastern

Following the approval of the FCC’s new privacy rules on October 27, ISPs need to address a number of issues, including opt-ins and opt-outs as well as information security programs. To help you prepare, the DWT team has...more

Bryan Cave Leighton Paisner

How to Comply with the CAN-SPAM Act

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Morgan Lewis

EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists

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Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or...more

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