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Recently filed class action complaints allege that companies that utilize embedded trackers within emails, or “spy pixels” as the plaintiffs are calling them, violate Arizona law because they collect a “communication service...more
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....more
On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more
On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation...more
On December 13, the Federal Communications Commission will consider adopting new rules that could turn the lead generation industry on its head. The FCC’s November 22 Draft Report and Order, if adopted, would potentially...more
Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Renouvellement de la période d’essai : utilisation d’un faisceau d’indice pour qualifier le consentement (Cass. soc., 25...more
This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023, n°21-13.699)...more
Anyone following consumer privacy trends is likely aware of the wave of consumer litigations filed against website owners/operators alleging violations of state wiretapping statutes based on the use of so-called “session...more
New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more
Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more
Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”)...more
Yes. An invitation to a conference or a trade show is generally considered a commercial solicitation. On the federal level, the CAN-SPAM act does not require prior consent for a commercial email, only that it be clearly...more
Six months after implementation of the European Union’s General Data Protection Regulation (“GDPR”), many charitable organizations are still struggling with compliance. Our pro bono clients frequently ask whether consent is...more
The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid...more
In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more
On July 1, 2014, the central provisions of the Canadian Anti-Spam Law (“CASL”) came into force. These provisions generally prohibit the sending of a Commercial Electronic Message (“CEM”) without a recipient’s express consent,...more
Does your organization collect personal data such as names, email addresses or other personally identifying information as part of its activities, or contract with a third party to do so? If not, then it may be possible that...more
With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more
Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more
On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more
On June 29, 2015, the CRTC announced that Porter Airlines Inc had agreed to pay $150,000 as part of an undertaking in respect of alleged violations of Canada’s Anti-Spam Law (CASL). CASL requires consent to send...more
Businesses that use “commercial electronic messages” to market to customers and prospective customers in Canada should be aware of Canada’s new anti-spam rules, which require, among other things, the sender to obtain consent...more