In October 2023, California passed SB 478, an amendment to the Consumers Legal Remedies Act (CLRA), known as the “Honest Pricing Law” or “Hidden Fees” statute. SB 478 is a broad “all-in” price transparency law that impacts...more
Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents...more
4/22/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Data Privacy ,
Data-Sharing ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Lead Generators ,
Marketing ,
Medicare ,
Medicare Advantage ,
PHI ,
Third-Party
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
The Federal Communications Commission (FCC) issued its largest fine to date, totaling $299,997,000, in an action against an auto warranty scam robocall operation run by an international network....more
11/8/2023
/ Automotive Industry ,
Enforcement Actions ,
FCC ,
Fines ,
Fraud ,
Robocalling ,
Scams ,
Statutory Violations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Truth in Caller ID Act of 2009 (TICIDA) ,
Unfair or Deceptive Trade Practices ,
Warranties
A text message does not qualify as an “artificial or prerecorded voice” under the Telephone Consumer Protection Act (TCPA), the Ninth U.S. Circuit Court of Appeals has ruled late this summer.
In her TCPA class action,...more
A single text is sufficient to establish standing for purposes of the Florida Telephone Solicitation Act (FTSA), the Eleventh U.S. Circuit Court of Appeals recently held in an unpublished per curiam opinion, doubling down on...more
The big regulatory news out of the FTC in October is a Notice of Proposed Rulemaking on Unfair or Deceptive Fees, or as the Commission calls them, “Junk Fees.” As we explain in more detail in our article on the Proposed...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
The FTC took a bit of a break in August, issuing only one Notice of Proposed Rulemaking on a relatively low-profile topic—Power Output Claims for Amplifiers Used in Home Entertainment Products. While the Proposed Rule is...more
8/31/2023
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Automatic Renewals ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Federal Breach Notification Standard ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Guides ,
New Rules ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Regulatory Agenda ,
Telemarketing Sales Rule
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
8/25/2023
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
In the last monthly Update to Manatt’s Regulation Tracker, we predicted that the Commission would not slow down for summer. How right we were....more
7/26/2023
/ Advertising ,
Department of Health and Human Services (HHS) ,
Endorsements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Guidance ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Testimonial Statements
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
The big regulation news out of the FTC this month is a Notice of Proposed Rulemaking that would amend the Commission’s Health Breach Notification Rule. As detailed in Manatt’s thought leadership piece on the subject, the...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
6/8/2023
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Popular ,
Random or Sequential Number Generator ,
Reassigned Phone Numbers ,
Robocalling ,
SCOTUS ,
TCPA ,
Telecommunications ,
Text Messages
he two big consumer protection regulation stories out of the FTC this month are Negative Options and AI.
The FTC’s Negative Option rule would, among other things, require sellers to make it as easy for consumers to...more
The Eleventh U.S. Circuit Court of Appeals has agreed to an en banc review of a notable decision issued last July with respect to Article III standing for purposes of a Telephone Consumer Protection Act (TCPA) lawsuit. The...more
A Telephone Consumer Protection Act (TCPA) defendant’s do not call (DNC) policy was not enough to avoid potential TCPA liability, an Illinois federal court recently held....more
Text messages sent to generate real estate sales leads did not qualify as telephone solicitations under the Telephone Consumer Protection Act’s (TCPA) regulations, according to a Texas federal court decision....more
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
4/26/2023
/ AMG Capital Management LLC v FTC ,
Cloud Service Providers (CSPs) ,
Endorsements ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Marketing ,
Non-Compete Agreements ,
Restrictive Covenants ,
Screening Procedures ,
Telemarketing Sales Rule ,
Tenants
In the wake of AMG, the Federal Trade Commission (FTC) can no longer use Section 13(b) of the FTC Act to go to court for monetary relief. With a clear regulation prohibiting certain practices, however, the FTC can attempt to...more
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more
4/4/2023
/ Amended Legislation ,
Arbitration Agreements ,
Auto-Renewal ,
Automatic Renewals ,
Best Practices ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Continuing Legal Education ,
Contract Renewal ,
Contract Terms ,
Disclosure Requirements ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Government Investigations ,
New Legislation ,
Notice Requirements ,
Pending Legislation ,
Proposed Rules ,
Risk Mitigation ,
ROSCA ,
Settlement ,
Webinars
As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more
3/2/2023
/ ATDS ,
Auto-Dialed Calls ,
Consent ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Telemarketing ,
Text Messages