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The Massachusetts’ Consumer Privacy in Commercial Transactions Act (the “Act”) limits companies’ ability to request and collect personal identification information (“PII”) that is not required for a transaction. The Act does...more
As most people know – either from professional or personal experience – the CAN SPAM Act requires companies who send “commercial” email messages to give consumers an opportunity to opt-out of receiving those messages in the...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
On May 7, 2019, the Consumer Financial Protection Bureau ("CFPB" or the Bureau") released its Fair Debt Collection Practices Act ("FDCPA") Notice of Proposed Rulemaking ("Proposals") and Request for Public Comment. The Bureau...more
The Federal Trade Commission (FTC) has elected to retain its CAN-SPAM Rule in its present form without changes. The CAN-SPAM Rule implements the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM)...more
The Federal Trade Commission (FTC) announced this week that it would not update its anti-spam rule, completing the agency’s first 10-year review of the regulation. The FTC last updated the rule, known as the CAN-SPAM Rule,...more
There will be one less new privacy regulation to worry about in 2019. In June of last year, the Federal Trade Commission announced that it would review its rules implementing the CAN-SPAM Act, regulating unsolicited...more
Can an employee assent to arbitration through inaction? A recent decision from the U.S District Court for the District of New Jersey in AT&T Mobility Services LLC v. Horowitz addresses the same arbitration agreement...more
In an effort to modernize communications, the Federal Communications Commission (“FCC”) decided to allow cable operators to deliver general subscriber notices required under so-called Subpart T rules (47 CFR §§ 76.1601 et...more
Three recent decisions in New Jersey shed new light on the ongoing tension between the Federal Arbitration Act (“FAA”) and the standard of review utilized by the New Jersey courts concerning the enforceability of arbitration...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
Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more
Parties to transactions involving personal data in Europe are well-advised to investigate whether individual consent or the offer of opt-outs are required to avoid the risk of fines and other sanctions imposed by the DPA or...more