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
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
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
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
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event...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
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment...more
The California Invasion of Privacy Act (“CIPA”) and the Massachusetts Wiretap Act (“MWA”) are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and MWA originally were...more
With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying...more
The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the...more
Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related...more
9/24/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Consent ,
Data-Sharing ,
Disclosure Requirements ,
FCC ,
Marketing ,
Medicare ,
Policies and Procedures ,
TCPA ,
Text Messages ,
Third-Party
Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the...more
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more
On April 29, 2024, the Federal Communications Commission (“FCC”) announced that it had fined the nation’s largest wireless carriers a total of $196 million for violating consumer data privacy rights. AT&T, Sprint, T-Mobile...more
5/6/2024
/ AT&T ,
Communications Act of 1934 ,
Consent ,
Consumer Privacy Rights ,
Data Brokers ,
Data Sellers ,
FCC ,
Geolocation ,
Location Data ,
Notice of Apparent Liability (NAL) ,
Sprint ,
T-Mobile ,
Telecommunications ,
Third-Party ,
Unauthorized Disclosure ,
Verizon ,
Whistleblowers
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
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
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