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Private Right of Action

Dorsey & Whitney LLP

Applicants Do Not Need to Be “Bona Fide” Under the Washington Equal Pay and Opportunities Act, but Washington Supreme Court Leaves...

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On September 4, 2025, in a 6-3 decision, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits that a plaintiff need not prove he or she was a “bona fide” applicant to recover damages under...more

Vondran Legal

The California "flash act" and dealing with unwanted sexual image text messages

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I grew up in a different time.  When I was 18 we didn't have computers (for the most part) or online dating sites such as eHarmony, Bumble, Match, Dating.com, and the whole slew of other niche dating sites....more

Klein Moynihan Turco LLP

Do DNC Call Rules Apply to Text Messaging?

On August 26 2025, the United States District Court for the Northern District of Florida issued a useful decision for companies contesting National Do Not Call (“DNC”) claims. In Davis v. CVS Pharmacy, Inc., the Court granted...more

Morgan Lewis

US Administration Ups the Ante for Gender-Affirming Care Providers With Legislative Proposal

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The US Department of Justice has proposed legislation to the US Congress that would, if enacted, create a private right of action against healthcare professionals who provide gender-affirming care to children. The proposal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of California Rules Employers Can’t Claim Ignorance on State Wage Violations

On August 21, 2025, the Supreme Court of California ruled that employers must demonstrate that they took reasonable steps to comply with minimum wage laws to mount a good-faith defense against liquidated damages. The decision...more

Snell & Wilmer

New Washington Law Shortens Deadline for Personnel File Requests, Requires Statement About Termination

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As of July 27, 2025, employers with Washington employees have less time to respond to requests for personnel files, and have greater obligations and exposure to litigation related to doing so. With the passage of HB 1308,...more

Littler

Checkout Checkmate: Long Beach Enacts Self-Checkout Ordinance

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Long Beach, California is often an incubator for novel employment laws. For example, in the hospitality industry, Long Beach was one of the “early adopters” of ordinances regulating workplace standards for hotel workers,...more

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts employers: Proposed private attorney general act for wage-hour claims is a major concern

For the third consecutive legislative session, Massachusetts state representative Tram T. Nguyen (D-Essex) has proposed a bill (H.1916) to establish a private right of action by employees on behalf of themselves, their fellow...more

Orrick, Herrington & Sutcliffe LLP

Navigating Changes to Texas’ Telemarketing Law

Changes in state telemarketing laws are reshaping how businesses communicate with consumers. Most recently, with the passage of Senate Bill 140 (SB 140), Texas amended its telemarketing law to broaden its scope in a number of...more

Klein Moynihan Turco LLP

Everything Is Bigger In Texas: Amended Telemarketing Law Effective September 1, 2025!

While our readers are keenly aware of federal telemarketing regulations, most notably the Telephone Consumer Protection Act (“TCPA”), fewer readers likely know about the various “mini-TCPA” laws that exist in numerous states....more

Potomac Law Group, PLLC

Texas “Mini-TCPA” Now Covers Marketing Text Messages - New Obligations Effective September 1, 2025

Effective September 1, 2025, Texas Senate Bill 140 (SB 140) will enact several significant changes to the state’s telemarketing laws (Business and Commercial Code, Chapters 301-305 (TX Mini-TCPA)) that, collectively, increase...more

Paul Hastings LLP

Marketing Texts in Texas: SB 140 Broadens State Telemarketing Regulations

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On September 1, 2025, Texas Senate Bill 140 (SB 140) becomes effective, broadening certain aspects of the state’s telemarketing law to cover text messages, multimedia messages and similar electronic communications. The...more

Kelley Drye & Warren LLP

Ad Law News and Views - July 2025

In a recent webinar hosted by Kelley Drye, Nevada Attorney General Aaron D. Ford and Chief Deputy of Consumer Protection Mark Krueger shared valuable insights into best practices for engaging with the office, Nevada’s...more

Jackson Lewis P.C.

We get Privacy for work — Episode 8: The Surge in Data Breach Lawsuits: Trends and Tactics

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Class action lawsuits in response to data breaches have skyrocketed as plaintiffs look to take advantage of courts’ perceived leniency regarding standing. ...more

Husch Blackwell LLP

Missouri's Paid Sick Leave Repeal: FAQs and What Employers Need to Know Now

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Background: the sick leave law that was—and wasn’t - Missouri employers are preparing for another pivot in the state’s paid leave requirements. Just months after businesses scrambled to comply with new sick leave rules...more

Klein Moynihan Turco LLP

Federal Court Moonwalks Over West Virginia’s Daniel’s Law

While the United States Court of Appeals for the Third Circuit (“Third Circuit”) weighs the constitutionality of New Jersey State’s Daniel’s Law, a West Virginia federal court recently opined on the constitutionality of its...more

Alston & Bird

New Texas Telemarketing Law Significantly Expands Companies’ Telemarketing and Telephone Solicitation Requirements

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Our TCPA Counseling & Litigation Team breaks down a new Texas law that significantly expands the rules for companies doing telemarketing and telephone solicitations in the state....more

Perkins Coie

Texas Broadens State’s TCPA Rules and Increases Litigation Risks for Marketers

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Texas has enacted amendments to its state version of the federal Telephone Consumer Protection Act (Tex. Bus. & Comm. Code §§ 301-305) (the Texas Mini-TCPA), adding three key pressure points that will increase both compliance...more

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

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Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

Kelley Drye & Warren LLP

Texas Mini-TCPA Law – FAQs for Marketing Texts

As we reported earlier this summer, a bill (S.B. 140) was recently enacted in Texas that amends the state’s telemarketing law (TX BUS & COM T.10, Chap. 301-306) to 1) expand the definition of ​“telephone solicitation” to...more

Epstein Becker & Green

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond

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Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more

Winstead PC

Before You Hit Send, There’s a Change to Texting Rules in Texas

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Does your business send marketing text messages to Texas residents or from Texas? If so, you may need to register each business location from which you send texts with the Texas Secretary of State. ...more

Morrison & Foerster LLP

A MoFo Privacy Minute Q&A: Amendments to Texas’s “Mini-TCPA”

Question: Amendments to Texas’s “Mini-TCPA” take effect on September 1, 2025. How will these changes impact my business’s telemarketing activities? Answer: The amendments broaden the scope of Texas’s telemarketing law....more

Troutman Pepper Locke

Regulatory Rollback: CFPB’s Withdrawal of Informal Guidance Sparks New Litigation Dynamics – The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by veteran litigators Jason Manning and Carter Nichols to explore litigation implications following the CFPB’s withdrawal of nearly 70 pieces of informal...more

Klein Moynihan Turco LLP

Major Decision for Defense Bar: Text Messages Do Not Satisfy DNC Pleading Requirements

On July 21, 2025, the United States District Court for the Central District of Illinois issued an important decision for Telephone Consumer Protection Act (“TCPA”) defendants. In Jones et al. v. Blackstone Medical Services,...more

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