Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these…
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/ Communications & Media Law, Consumer Protection
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida…
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/ Communications & Media Law, Consumer Protection
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions…
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/ Communications & Media Law, Consumer Protection
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand…
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/ Communications & Media Law, Consumer Protection, Science, Computers, & Technology
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims…
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/ Communications & Media Law, Consumer Protection, Privacy
By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the name and/or likeness of the…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection, Privacy
Readers of this blog may recall our prior piece about recent lawsuits alleging that the use of tracking software on certain websites violates the California Invasion of Privacy Act (“CIPA”). While earlier lawsuits focused on…
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/ Consumer Protection, Privacy
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 Daniel’s…
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/ Civil Procedure, Constitutional Law, Consumer Protection, Privacy
On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising. CMS…
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/ Communications & Media Law, Consumer Protection, Health, Privacy
The allure of prizes offered in a sweepstakes promotion can be an effective means of attracting consumers to a brand and/or its specific products/services. This is especially true when the prize in question involves…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Consumer Protection
On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in…
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/ Communications & Media Law, Consumer Protection
On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions of…
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/ Communications & Media Law, Consumer Protection, Nonprofit Law
A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No. 2:23-cv-04891…
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/ Communications & Media Law, Consumer Protection, Science, Computers, & Technology
With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this…
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/ Communications & Media Law, Consumer Protection, Science, Computers, & Technology
As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports (“DFS”) operators now enable them to run advertisements in many markets across the United…
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/ Art, Entertainment, & Sports Law, Communications & Media Law, Science, Computers, & Technology