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TSR Updated to Expand Recordkeeping Obligations; Cover B2B Telemarketing Representations; May Expand to Inbound Tech Support...

The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA),...more

FCC Adopts Changes to TCPA Consent Revocation Rules

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act...more

FCC Declares TCPA Restrictions Apply to AI-Generated Calls

On February 8, 2024, the Federal Communications Commission (FCC or Commission) released a Declaratory Ruling to clarify that telemarketing and other calls made to consumers using certain types of artificial intelligence are...more

New Jersey and New Hampshire Set the Pace with 2024 State Privacy Legislation

New Jersey and New Hampshire are the first states out of the gate in what promises to be another busy year in state privacy legislation. On January 16, New Jersey Governor Phil Murphy signed the New Jersey Data Privacy...more

State AGs Focus on Social Media and its Impact on Youth

As we have discussed, the NAAG President, Oregon Attorney General Ellen Rosenblum, formally announced her 2024 Presidential Initiative focusing on America’s youth. As we noted, this was consistent with a broader priority for...more

Maryland’s New Telemarketing Law Now in Effect

As of January 1, 2024, the State of Maryland’s new telemarketing law, the ​“Stop the Spam Calls Act of 2023,” officially became law....more

Update on FCC’s 1:1 TCPA Consent and Do-Not-Text Rules

As an update to our earlier blog post detailing the FCC’s recent order adopting new regulations pursuant to the Telephone Consumer Protection Act, the FCC has announced the rolling effective dates for the specific rule...more

Calling and Texting Regulations Tightening: FCC Adopts 1:1 TCPA Consent and Do-Not-Text Rules

At its last open meeting of 2023, the FCC voted to adopt new rules ​“to protect consumers from unwanted and illegal text messages and calls.” Among the changes are a new ​“one-to-one” consent requirement for autodialed...more

Top 5 State Privacy Issues We’re Monitoring This Year

The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy...more

CCPA Update:  Agencies push ahead with enforcement as Superior Court delays new regulations

The California Privacy Protection Agency (CPPA) and California Office of Attorney General (OAG) are publicly pressing ahead with enforcement now that they have the authority to enforce the California Consumer Privacy Act...more

Colorado Consumer Data Privacy Law is in Effect

Two years ago this month, the state of Colorado joined California and Virginia in the passage of broad consumer protection legislation when the Colorado Privacy Act (CPA) was signed into law....more

The FTC is Not the Only One Tracking Your Use of Health Information

The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health...more

FTC Attempts End Run to Ban Meta from “Monetizing” Minors’ Data

The FTC took unprecedented action yesterday when it moved to impose what it describes as a “blanket prohibition” preventing the company from monetizing young people’s data. The FTC contends that this prohibition is warranted...more

My Health My Data: Washington’s Health Data Privacy Revolution

Absent a veto by Governor Jay Inslee, My Health My Data (MHMD) will become law and go into effect on March 31, 2024. While the 2023 state legislative season may see the addition of four comprehensive privacy laws (Iowa,...more

State AGs and their Role in Class Actions

While it may be common knowledge for many that state attorneys general (State AGs) bring enforcement actions under state consumer protection laws, it is likely less well-known that the State AGs also serve a role under the...more

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

CPRA Rule Revisions Unlikely to be Finalized in 2022

Just two months before the effective date (January 1, 2023) of the California Privacy Rights Act (“CPRA”), the California Privacy Protection Agency (“CPPA”) Board met on October 28 and 29 to discuss revisions to the agency’s...more

Is Discrimination “Unfair” Under the UDAP Laws? New Lawsuit Challenges CFPB’s Anti-Discrimination Guidelines

Most people would generally agree that discriminating on the basis of race, color, religion, disability, or similar factors is a bad thing to do – indeed, that it’s “unfair” within the common meaning of the word. It’s also...more

“Dark Patterns” Loom Large in New FTC Staff Report

No, we’re not talking about sinister sewing guides, but rather practices or formats that may manipulate or mislead consumers into taking actions they would not otherwise take. We untangled the topic of so-called “dark...more

California Attorney General’s First CCPA Settlement Sends Strong “Signals” About Do Not Sell Enforcement

Warning that “[t]here are no more excuses,” California Attorney General on August 24, announced the first public settlement under the California Consumer Privacy Act (CCPA). The settlement order, which the court approved on...more

The FTC’s Privacy Rulemaking: Broad and Far-Reaching, but Unlikely to Lead to a Rule Anytime Soon

On August 11, the FTC finally launched its “commercial surveillance and data security” rulemaking after many months of hype and speculation about the FTC’s ability to address consumer privacy through its “Mag-Moss” rulemaking...more

CFPB Issues Report on the Convergence of Payments and Commerce and its Implication for Consumers

On August 4, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued a report entitled, “The Convergence of Payments and Commerce: Implications for Consumers,” in which it examines the challenges and risks to consumers...more

CPRA Update: California Privacy Protection Agency Votes to Begin Rulemaking Process

On Wednesday, June 8, the California Privacy Protection Agency (CPPA) Board voted 4-0 (with one member absent) to initiate the CPRA rulemaking process based on the draft regulations released on May 27th prior to the Memorial...more

New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

On Friday May 27, 2022, the California Privacy Protection Agency (CPPA) Board announced its next public meeting will be on June 8, 2022. The announcement simply stated the date of the meeting, that there are “some discussion...more

Ten Percent and Rising: Connecticut Becomes Fifth U.S. State to Enact Privacy Law

On Tuesday, Connecticut became the fifth state to pass comprehensive privacy legislation when Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” into law. Connecticut joins California,...more

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