The question of who qualifies as a “consumer” under the Video Privacy Protection Act (VPPA) is no longer academic. In late March and early April 2025, two federal appellate courts issued starkly conflicting rulings in Gardner...more
4/11/2025
/ Appeals ,
Class Action ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Split of Authority ,
Statutory Interpretation ,
Targeted Digital Advertising ,
Video Recordings ,
VPPA ,
Websites
The Ninth Circuit’s recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. ...more
The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more
A recent Ninth Circuit decision, Chabolla v. ClassPass, Inc., underscores critical considerations for retailers with online Terms of Service / Use agreements, particularly regarding arbitration provisions and related consumer...more
3/12/2025
/ Arbitration ,
Arbitration Agreements ,
Auto-Renewal ,
Class Action ,
Clickwrap Agreements ,
Consumer Contracts ,
Consumer Privacy Rights ,
Contract Terms ,
Data Privacy ,
Internet Retailers ,
Online Contracts ,
Retailers ,
Subscription Services ,
Terms of Service ,
Unfair Competition
In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more
3/10/2025
/ Class Action ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Facebook ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Publishers ,
Social Networks ,
Third-Party Risk ,
Third-Party Service Provider ,
VPPA
On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more
2/5/2025
/ Appeals ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Reform ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 18, 2024, the United States Court of Appeals for the Eleventh Circuit heard oral argument in Insurance Marketing Coalition Limited v. Federal Communications Commission, et al., a crucial case challenging the...more
In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more
11/15/2024
/ Anticompetitive Behavior ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Delegation Clauses ,
Event Tickets ,
Federal Arbitration Act ,
Mass Tort Litigation ,
Preemption ,
Putative Class Actions ,
Terms of Use ,
Unconscionable Contracts
The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more
10/30/2024
/ Appeals ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Transfers ,
Digital Media ,
Dismissals ,
Facebook ,
IP Addresses ,
NBA ,
Online Videos ,
Reversal ,
Statutory Damages ,
Statutory Interpretation ,
Subscribers ,
Video ,
Video Privacy ,
VPPA ,
Web Tracking ,
Websites
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more
11/30/2023
/ Compliance ,
Consent ,
FCC ,
Lead Generators ,
Marketing ,
Proposed Rules ,
Retailers ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party Service Provider
Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more
8/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
CAN-SPAM Act ,
Commercial Insurance Policies ,
Duty to Defend ,
Employer Liability Issues ,
Failure To Disclose ,
Insurance Litigation ,
Personal Information ,
Policy Terms ,
State Privacy Laws ,
TCPA
In the rapidly evolving digital world, plaintiffs’ attorneys have found renewed interest in pursuing class action claims under the California Invasion of Privacy Act (CIPA) and similar laws, arguing that third-party companies...more
When it comes to the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) often has a lot to say.
Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting....more
In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more
8/1/2023
/ Auto-Dialed Calls ,
Burden of Proof ,
Class Action ,
Class Certification ,
Class Representatives ,
Consent ,
Defense Strategies ,
Do Not Call List ,
Putative Class Actions ,
TCPA ,
Telemarketing
In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
7/18/2023
/ Arbitration ,
Class Action ,
Consent ,
Contract Formation ,
Contract Terms ,
Enforceability ,
Hyperlink ,
Motion to Compel ,
TCPA ,
Terms of Use ,
Websites
The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more
7/13/2023
/ Affiliates ,
American Arbitration Association ,
Arbitration ,
Arbitrators ,
Class Action ,
Class Representatives ,
Consumer Contracts ,
Contract Terms ,
Delegation Clauses ,
Mandatory Arbitration Clauses ,
Non-Signatories ,
Putative Class Actions ,
TCPA ,
Text Messages
In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
4/12/2023
/ Comment Period ,
Consent ,
FCC ,
Final Rules ,
Lead Generators ,
Mobile Devices ,
NPRM ,
Prior Express Consent ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Internet Service Providers
We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more
It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more
6/30/2021
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
TCPA ,
Telemarketing ,
Text Messages
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
At the time this is published, all the rage in the TCPA realm right now is talking about the Supreme Court’s recent decision in Facebook. And it was clearly a critical and much needed decision....more
There is an important distinction in FCRA litigation between cases where a consumer disputes the inaccuracy of information being reported to consumer reporting agencies versus where the consumer is disputing liability for the...more
Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more
3/24/2021
/ Article III ,
Corporate Counsel ,
Federal Jurisdiction ,
Injury-in-Fact ,
Jurisdiction ,
Motion to Remand ,
Remand ,
Spokeo v Robins ,
Standing ,
TCPA ,
Text Messages