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Paul Hastings LLP

Website Tracking Technologies Under Scrutiny: A New Liability Frontier Under the DOJ Bulk Data Transfer Rule

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Even though the DOJ Bulk Data Transfer Rule does not contain a private right of action, plaintiffs continue to look for new ways to bring claims against companies for alleged violations of the Rule. A recently filed complaint...more

Troutman Amin LLP

DOUBLE THE YUM?: Alleged Unsolicited Marketing Texts Get Omaha Steaks into a TCPA Class Action–And the Wolf is Hungry!

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Omaha Steaks is in a bunch of trouble right now following alleged wrong number text messages sent to promote its tasty beef offerings. Specifically the Plaintiff in the new suit alleges receipt of unsolicited text messages...more

Shipkevich PLLC

January 2026 Litigation Update: Consumer Litigation Activity Remains Elevated Entering the New Year

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Consumer litigation activity continues at elevated levels as 2026 begins, despite mixed monthly results across the major consumer protection statutes tracked by WebRecon. While filings under the Fair Credit Reporting Act...more

Dinsmore & Shohl LLP

Piracy Moves in Real Time. Your Enforcement Strategy Should Too: A Review of Notorious Markets for Counterfeiting and Piracy

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In March 2026, the Office of the U.S. Trade Representative (“USTR”) released its 2025 Review of Notorious Markets for Counterfeiting and Piracy (the “Notorious Markets List” or “NML”). The report highlights prominent examples...more

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit rules oral consent sufficient for prerecorded calls under Telephone Consumer Protection Act

On February 25, the U.S. Court of Appeals for the 5th Circuit affirmed a district court’s summary judgment in favor of a Texas pest-control company, holding that the plaintiff had provided prior express consent for...more

Thompson Coburn LLP

Supreme Court Takes Up VPPA ‘Consumer’ Question: A Potential Inflection Point for Pixel-Driven Video Privacy Class Actions

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On January 26, 2026, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Global (d/b/a 247Sports), a case that squarely presents a question driving a substantial share of modern Video Privacy Protection Act...more

Alston & Bird

The FTC’s COPPA Policy Statement to Incentivize Age Verification Through a More Flexible Enforcement Approach

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On February 25, 2026, the Federal Trade Commission (“FTC”) issued an enforcement policy statement announcing that the Commission will not bring enforcement actions under the Children’s Online Privacy Protection Act (“COPPA”)...more

Mayer Brown

Fifth Circuit Panel Allows Prior Express Oral Consent for Telemarketing Calls Under the Telephone Consumer Protection Act

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On February 25, 2026, a three-judge panel of the US Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) ruled in Bradford v. Sovereign Pest Control of TX, Inc., No. 24-20379, 2026 WL 520620 (5th Cir., Feb. 25, 2026),...more

Sheppard

When AI Answers the Phone: Heartland Dental’s Impact

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A recent Illinois federal court decision shows that when AI listens in on calls, legal questions follow. The putative class action case is Megan Lisota v. Heartland Dental, LLC, et al. It was brought against two entities:...more

Troutman Amin LLP

HUGE CUT: Comodo Group, Inc. to pay $1.6MM to Settle Certified TCPA Class Action–Plaintiff’s Lawyers Received 40% Cut!

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In Johnson v. Comodo Group, 2026 WL 296417 (D. N.J. Feb. 4, 2026) the court approved a class action settlement agreement whereby Comodo will pay $1,625,000 to settle the case, with average recovery of approximately $596 for...more

Cooley LLP

Comprehensive Online Safety Legislation Comes to the US: How KOSA Is Copying UK, EU and Australian Laws

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The proposed Kids Online Safety Act (KOSA) is the most significant attempt to overhaul federal online child safety laws since the passage of the Children’s Online Privacy Protection Act in 1998....more

Robinson+Cole Data Privacy + Security Insider

The Fifth Circuit Says You Can’t Write “Written” into the TCPA

The U.S. Court of Appeals for the Fifth Circuit recently issued a significant Telephone Consumer Protection Act (TCPA) decision in Bradford v. Sovereign Pest Control of TX, Inc., No. 24-20379, Doc. 85-1 (5th Cir. Feb. 25,...more

Morgan Lewis

US Supreme Court Declines to Consider Whether AI Alone Can Create Copyrighted Works

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The US Supreme Court has declined to consider the copyrightability of artwork generated purely autonomously by artificial intelligence, leaving in place the “human authorship requirement” for copyright protection. In this...more

Womble Bond Dickinson

Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA...

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On February 26, 2026, in Bradford v. Sovereign Pest Control of TX, Inc., the Fifth Circuit held that the TCPA permits either written or oral consent for autodialed or pre-recorded/artificial voice telemarketing calls,...more

Herbert Smith Freehills Kramer

Favoring Compliance Over Fines: What The Latest CCPA Settlement Tells Us About California Privacy Enforcement

The California attorney general has secured a stipulated Final Judgment and Permanent Injunction against Disney DTC LLC and ABC Enterprises Inc. resolving alleged violations of the California Consumer Privacy Act (CCPA)...more

Lerman Senter PLLC

FCC Seeks Comments on the State of the Sports Broadcasting Marketplace

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The Federal Communications Commission is asking for public comments on developments in the sports broadcasting video marketplace, including the increasing shift of live sports from traditional broadcast and cable television...more

Foley & Lardner LLP

Trademarks and Copyrights at the 2026 Milano Cortina Olympic Winter Games

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The Winter Games often bring a global audience in the billions. This large viewership underscores why everything viewers see on screen between graphics, music, uniforms, gear, and logos, carries real commercial value....more

Mintz - Technology, Communications & Media...

Building America: Challenges In Wireline Broadband Deployment

Most people do not spend much time thinking about the wires and cables that run under or along the streets and public rights-of-way where we walk, drive our cars, and ride our bikes every day. But these rights-of-way are...more

Fenwick & West LLP

AI NPCs, Player Prompts & Platform Liability: Where Studios Get Exposed

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Generative AI is revolutionizing narrative design in games, turning every player into a co-author. But the same improvisation that makes AI NPCs so engaging also opens up new legal and platform risks. ...more

Eversheds Sutherland (US) LLP

Fifth Circuit holds written consent not required for telemarketing calls under the TCPA

On February 25, 2026, the US Court of Appeals for the Fifth Circuit issued a significant decision in Bradford v. Sovereign Pest Control of TX, Inc., holding that the Telephone Consumer Protection Act (TCPA) does not require...more

Troutman Amin LLP

“NOT CONVINCED”: An Early Effort to Raise Consent in a TCPA Suit May Have Just Backfired Badly for a Defendant

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Repeat after me: you cannot raise a consent defense at the pleadings stage unless the complaint specifically alleges the fact consent was provided. It always makes me cringe when I see TCPA defendants lobbing purported...more

Baker Botts L.L.P.

AI Legal Watch - February 2026

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On January 30, 2026, the California Senate passed a new bill, SB 574, to impose restrictions on attorneys (and arbitrators) using generative artificial intelligence (“generative AI”) in their practice....more

Seyfarth Shaw LLP

2026 Crystal Ball:  What to Expect in the ADA Title III Universe This Year

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ADA Title III controversies continue unabated but there will be no new regulations.  ...more

Bradley Arant Boult Cummings LLP

Major TCPA Shift: Fifth Circuit Rules Oral Consent Is Valid

Following the Supreme Court’s decision in McLaughlin Chiropractic Associates v. McKesson Corp., which we discussed last year in depth, federal courts have gained the ability to deviate from the Federal Communications...more

Benesch

Dance Like No One is Watching, Text Like Your Words Will Be Published on the Front Page: The Importance of Internal Compliance...

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Earlier this month, Benjamin Edwards, a broker-dealer firm, agreed to a censure and to pay a $750,000 fine for failing to properly supervise and preserve its employees’ business-related text messages....more

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