For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites...more
Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer...more
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act...more
In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was...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
Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its...more
4/10/2024
/ Consumer Privacy Rights ,
Data Breach ,
Data-Sharing ,
NPRM ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
State Privacy Laws ,
Third-Party ,
Uniformity
Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone...more
On April 4, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a report (the “Report”) examining the potential risk to consumer assets and data in the online video game and virtual world spaces. The CFPB gaming...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
On March 15, 2024, a United States District Court for the Southern District of California granted Defendant’s Motion to Dismiss in the matter of Rodriguez v. Ford Motor Company. In her eavesdropping lawsuit, Plaintiff alleged...more
Earlier this week, Stryve Foods, Inc. (“Stryve”) announced the launch of its Bitcoin sweepstakes – allegedly the first of its kind by a meat snack purveyor. Participants will be given the chance to win one of five prizes,...more
The Telephone Consumer Protection Act (“TCPA”) is a federal statute that was enacted in 1991 to safeguard consumer privacy through the regulation of certain telemarketing practices. As our readers are aware, businesses...more
On January 29, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a circular (the “Circular”) detailing what it considers deceptive financial services marketing practices under the Consumer Financial Protection...more
In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that will govern the promotion. While it makes sense to begin with the...more
Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more
The latest version of the New York (“NY”) State Privacy Law (“S365B”) is continuing to make its way through the NY State Assembly. As readers of this blog know, members of the NY State Senate have been trying to get a version...more
On January 8, 2024, the United States District Court for the Eastern District of Missouri issued a decision involving Telephone Consumer Privacy Act (“TCPA”) internal Do-Not-Call rule (“DNC”) allegations. As our readership is...more
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory...more
On February 12, 2024, the New Jersey Senate unanimously passed Senate Bill 1237 (“S1237”). S1237 focuses on telemarketing caller ID requirements. Specifically, it amends Section 10 of P.L.2003, c.76 to mandate that “a...more
Companies often hire lead generation companies to find consumers who may be interested in their product and service offerings. Buyers of these leads typically enter into contracts requiring that all leads come from consumers...more
As our readers are aware, last October, the New York State Gaming Commission (“GC” or the “Commission”) adopted New York Rule 5602.1(a)(4), a law outlawing fantasy sports contests, such as “pick’em games,” that are based on...more
On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency (“CPPA”) could immediately begin enforcing the current version of the...more
On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its...more
On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in...more
On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this...more
2/6/2024
/ Artificial Intelligence ,
AT&T ,
FCC ,
Prior Express Consent ,
Scams ,
Spam ,
Spoofing ,
TCPA ,
Telecommunications ,
Telemarketing ,
TransUnion