Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which,...more
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more
Our readers may recall a prior piece in which we discussed a New Jersey federal district court (“District Court”) decision denying constitutionality-related challenges to a New Jersey privacy law known as Daniel’s Law. Below,...more
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more
3/28/2025
/ Consent ,
Cookies ,
Data Collection ,
Data Privacy ,
Pennsylvania ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party ,
Websites ,
Wiretapping
While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what...more
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s...more
In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation...more
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more
3/3/2025
/ Consent ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Privacy ,
Electronic Communications ,
Financial Institutions ,
Marketing ,
Privacy Laws ,
Telemarketing ,
Text Messages ,
Unfair or Deceptive Trade Practices
If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more
2/19/2025
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Enforcement Actions ,
Marketing ,
Privacy Policy ,
Regulatory Requirements ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best....more
2/17/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Data Privacy ,
FCC ,
Marketing ,
Medicare ,
Privacy Laws ,
Regulatory Requirements ,
TCPA ,
Telemarketing
Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their...more
1/30/2025
/ CIPA ,
Class Action ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Privacy Laws ,
Social Media ,
State Privacy Laws ,
Third-Party ,
TikTok ,
Web Tracking
In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented...more
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of...more
1/24/2025
/ California ,
CIPA ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Invasion of Privacy ,
Privacy Laws ,
Privacy Policy ,
State Privacy Laws ,
Third-Party ,
Web Tracking
Readers of this blog may recall a recent favorable decision handed down by Massachusetts State’s highest court in which it found that Massachusetts Wiretap Act claims (“MWA”) do not extend to consumer interactions with...more
1/10/2025
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data-Sharing ,
ECPA ,
Electronic Communications ,
Health Care Providers ,
Privacy Laws ,
Third-Party ,
Websites ,
Wiretapping
Last month, in Lawson v. Nations Health Grp., Inc. (“Defendant”), a magistrate judge for the United States District Court for the Southern District of Florida issued a useful decision for Telephone Consumer Protection Act...more
As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other...more
Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most...more
Readers of this blog may recall our prior piece discussing an influx of lawsuits brought by Atlas Data Privacy Corporation (“Atlas”) against various companies for violating a New Jersey State privacy regulation known as...more
On April 17, 2024, the State of Nebraska enacted the Nebraska Data Privacy Act (“NDPA”). With the passage of the NDPA, Nebraska joins the ranks of the nineteen other states that have adopted comprehensive consumer data...more
Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law...more
Online marketers may be on the verge of finally obtaining a single, unified federal framework for consumer data privacy regulation. In April, a bipartisan coalition, with sponsors in both houses of Congress, introduced a...more
Sweepstakes promotions can be valuable tools for businesses seeking to attract new customers. Unlike static ads, newsletter sign-ups and other basic website registration forms, sweepstakes incentivize consumers to provide...more
On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction...more
Readers of this blog are well aware of the recent surge in data privacy litigation. In February 2024, Atlas Data Privacy Corporation (“Atlas Data”), a consumer data protection company, filed over 100 lawsuits in the State of...more