As readers of this blog know, the commonplace use of third-party tracking technology on consumer-facing websites has led to an influx of California Invasion of Privacy Act (“CIPA”) claims. While some of these claims are...more
3/5/2026
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
California ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Dispute Resolution ,
Invasion of Privacy ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party ,
Web Tracking ,
Wiretapping
The telemarketing industry was rocked last week by a Telephone Consumer Protection Act (“TCPA”) decision out of the United States Court of Appeals for the Fifth Circuit. Long held assumptions for what the applicable TCPA...more
3/2/2026
/ Appeals ,
Chevron Deference ,
Chevron v NRDC ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Unsolicited Phone Calls
With legislation pending that is designed to eliminate existing loopholes in a New Jersey State privacy law, the entity responsible for shining a light on NJ’s privacy law continues filing lawsuits. Commonly referred to as...more
2/27/2026
/ Constitutional Challenges ,
Consumer Privacy Rights ,
Damages ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
New Jersey ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
State Privacy Laws ,
Statutory Interpretation
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, several courts have ruled on the issue of whether text messages are telephone calls for Telephone Consumer Protection Act (“TCPA”) purposes....more
2/23/2026
/ Class Action ,
Consumer Protection Laws ,
Do Not Call List ,
Federal Court Litigation ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Motion to Dismiss ,
Private Right of Action ,
Putative Class Actions ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages
In a recent piece, we discussed a bill that was introduced to reform Washington’s commercial email law. Below, we discuss: (1) the status of the bill; (2) its effect on Washington’s email law if the bill is enacted; and (3)...more
2/18/2026
/ Advertising ,
Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Misleading Statements ,
New Legislation ,
Penalties ,
Proposed Legislation ,
Regulatory Reform ,
State Legislatures ,
Unsolicited Advertisements ,
Washington
As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that...more
2/10/2026
/ Consent ,
Consumer Privacy Rights ,
ECPA ,
Invasion of Privacy ,
Motion to Dismiss ,
Pennsylvania ,
Privacy Laws ,
Privacy Policy ,
Terms of Service ,
Terms of Use ,
Third-Party ,
Third-Party Service Provider ,
Web Tracking ,
Wiretapping
Readers may recall a piece late last year in which we discussed proposed sweeping changes to Michigan’s mini-Telephone Consumer Protection Act (“TCPA”) law. Below, we provide an update on the status of Michigan Senate Bill...more
2/6/2026
/ Compliance ,
Consumer Protection Laws ,
Enforcement Actions ,
Fines ,
New Legislation ,
Penalties ,
Private Right of Action ,
Proposed Legislation ,
Regulatory Requirements ,
State Attorneys General ,
State Legislatures ,
State Privacy Laws ,
TCPA ,
Telemarketing
As our readers know, Washington’s Commercial Electronic Mail Act (“CEMA”) has become a fertile battleground for lawsuits involving CEMA email claims. Below, we discuss a complaint alleging CEMA email claims against a leather...more
1/28/2026
/ Advertising ,
Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
False Advertising ,
Marketing ,
Misleading Statements ,
Penalties ,
Statutory Penalties ,
Statutory Violations ,
Unfair or Deceptive Trade Practices ,
Unsolicited Advertisements
As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers’ data continue unabated. Below, we discuss a recent favorable ruling dismissing California Invasion of Privacy Act...more
1/26/2026
/ California ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Data Privacy ,
E-Commerce ,
Federal Court Litigation ,
Invasion of Privacy ,
Litigation Strategies ,
Motion to Dismiss ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws ,
Wiretapping
Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2)...more
1/19/2026
/ Advertising ,
Class Action ,
Commercial Electronic Messages ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Proposed Legislation ,
State Legislatures ,
Statutory Interpretation ,
Statutory Penalties ,
Statutory Violations ,
Unfair or Deceptive Trade Practices ,
WA Supreme Court
Readers of this blog know that the Federal Communications Commission (“FCC”) declared that telemarketing calls utilizing artificial intelligence (“AI”) are subject to the Telephone Consumer Protection Act’s (“TCPA”)...more
1/15/2026
/ Artificial Intelligence ,
California ,
Consent ,
Consumer Protection Laws ,
Disclosure Requirements ,
Do Not Call List ,
FCC ,
New Regulations ,
Regulatory Requirements ,
Robocalling ,
State and Local Government ,
TCPA ,
Telemarketing
Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027. We discuss the reasoning for the most...more
1/12/2026
/ Comment Period ,
Effective Date ,
FCC ,
Final Rules ,
New Regulations ,
Opt-Outs ,
Regulatory Requirements ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing ,
Unsolicited Phone Calls
In the past couple of years, we have seen an explosion in the number of demand letters and lawsuits involving alleged violations of the California Invasion of Privacy Act (“CIPA”). Oftentimes, recipients of a CIPA demand feel...more
1/12/2026
/ Arbitration ,
California ,
CIPA ,
Cookies ,
Data Privacy ,
Data Protection ,
Demand Letter ,
Eavesdropping ,
Invasion of Privacy ,
Litigation Strategies ,
Privacy Laws ,
Risk Mitigation ,
Settlement ,
State Privacy Laws ,
Web Tracking ,
Websites
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, companies facing alleged Telephone Consumer Protection Act (“TCPA”) violations are able to challenge areas of the TCPA that had been relatively...more
1/8/2026
/ Consent ,
Corporate Counsel ,
Do Not Call List ,
FCC ,
Litigation Strategies ,
Marketing ,
Opt-Outs ,
Private Right of Action ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Advertisements
The Federal Trade Commission (“FTC”), and a large grocery delivery service recently agreed to resolve allegations that the company, among other things, offered consumers free trials of its paid membership program but failed...more
12/22/2025
/ Automatic Renewals ,
Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fees ,
Free Trials ,
Hidden Fees ,
Negative Option Rule ,
Settlement ,
Settlement Agreements ,
Subscription Services ,
Unfair or Deceptive Trade Practices
As our readership is aware, the Application-to-Person (“A2P”) 10-digit long code (“10DLC”) ecosystem continues to evolve as mobile carriers refine their requirements for The Campaign Registry (“TCR”). The year 2025 saw a...more
12/18/2025
/ Best Practices ,
Consumer Protection Laws ,
Marketing ,
New Guidance ,
New Regulations ,
Opt-In ,
Privacy Policy ,
Registration Requirement ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Third-Party Service Provider ,
Websites ,
Wireless Industry
A few years ago, we wrote a piece about responding to civil investigative demands (“CID”) issued by regulators as part of their investigations into alleged violative business practices. Below, we discuss CIDs generally, steps...more
Already one of the more robust mini-Telephone Consumer Protection Act (“TCPA”) laws, the Michigan State Senate recently passed new legislation aimed at unsolicited telemarketing to Michigan consumers. Below, we discuss in...more
12/10/2025
/ Consumer Protection Laws ,
Disclosure Requirements ,
Enforcement Actions ,
New Legislation ,
Penalties ,
Proposed Legislation ,
Robocalling ,
State and Local Government ,
State Attorneys General ,
State Legislatures ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
Readers may recall a recent piece in which we discussed a constitutional challenge to the implementation of Texas Senate Bill 140 (“SB 140”), which overhauled Texas’ mini-Telephone Consumer Protection Act (“TCPA”). Below, we...more
12/8/2025
/ Consent ,
Constitutional Challenges ,
Consumer Protection Laws ,
New Guidance ,
Registration Requirement ,
Regulatory Requirements ,
Settlement ,
Settlement Agreements ,
State and Local Government ,
State Attorneys General ,
TCPA ,
Telemarketing ,
Texas ,
Text Messages ,
Unfair or Deceptive Trade Practices
On December 3, 2025, the California Privacy Protection Agency (“CPPA”) announced that it had fined a Nevada-based marketing firm, ROR Partners LLC (“ROR”), $56,600 for failure to register as a California data broker as...more
12/8/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Opt-Outs ,
Penalties ,
Personal Information ,
Privacy Laws ,
Registration Requirement ,
Regulatory Requirements ,
State Privacy Laws
Earlier this year, we wrote a piece about a petition to the Federal Communications Commission (“FCC”) aimed at curbing the influx of Telephone Consumer Protection Act (“TCPA”) telemarketing quiet hours lawsuits. Since the...more
12/4/2025
/ Advertising ,
Consent ,
Declaratory Rulings ,
Enforcement Actions ,
FCC ,
Petition for Rulemaking ,
Regulatory Reform ,
Regulatory Requirements ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
As our readers are aware, the Telephone Consumer Protection Act (“TCPA”) prohibits businesses from delivering certain types of unsolicited calls and text messages to consumers. Traditionally, courts have understood this...more
11/26/2025
/ Affirmative Defenses ,
Class Action ,
Do Not Call List ,
Litigation Strategies ,
Prior Express Consent ,
Property Owners ,
Real Estate Transactions ,
Robocalling ,
Solicitation ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
Last month, Chewy, Inc. (“Defendant”) was named as a defendant in an Americans with Disabilities Act (“ADA”) class action lawsuit filed in the United States District Court for the Southern District of New York. Plaintiff, who...more
11/19/2025
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Demand Letter ,
Digital Platforms ,
Disability Discrimination ,
E-Commerce ,
Injunctive Relief ,
Litigation Strategies ,
Online Platforms ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Our readers are familiar with a New Jersey State law known as Daniel’s Law, and the entity responsible for an influx of lawsuits alleging that companies violated the law. Recently, a New Jersey State Senator introduced...more
11/19/2025
/ Appeals ,
Constitutional Challenges ,
Damages ,
Government Agencies ,
Judicial Authority ,
New Legislation ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Regulatory Reform ,
State and Local Government ,
State Legislatures ,
State Privacy Laws ,
Statutory Interpretation ,
Telecommunications
Our readers may recall a recent piece in which we discussed a new flavor of Telephone Consumer Protection Act (“TCPA”) lawsuit being filed by The Law Offices of Jibrael Hindi (“Hindi”). Although the majority of cases Hindi...more
11/17/2025
/ Advertising ,
Compliance ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Do Not Call List ,
FCC ,
Opt-Outs ,
Regulatory Requirements ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages