January 2019

Vermont Data Broker Registration Due January 31, 2019

January 31, 2019 On May 22, 2018, the State of Vermont enacted House Bill Number 764 (the “Bill”) to, among other things, regulate how Vermont data brokers collect consumer data and sell that information to third parties. The Bill went into effect on January 1, 2019, giving Vermont data brokers until January 31, 2019, to […]

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Florida Spa Involved in TCPA Text Messaging Lawsuit

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol

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What is an Advertisement in a TCPA Fax Case?

January 29, 2019 The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act (“TCPA”) with respect to whether a fax transmission violated the statute.  In particular, the TCPA fax case required the court to decide whether the subject fax transmission constituted an advertisement

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Justice Department Releases Wire Act Opinion Letter

January 21, 2019 The Office of Legal Counsel for the United States Department of Justice (“DOJ”) has released an opinion updating the DOJ’s interpretation of the federal Wire Act.  The new Wire Act opinion letter expands the scope of the Wire Act’s interstate prohibitions as they have existed since 2011.  However, given the potentially drastic

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Automatic Renewal Law Awaiting Mayor Approval in Washington D.C.

January 17, 2019  Washington D.C. is in the process of enacting the Structured Settlements and Automatic Renewal Protections Act of 2018 (the “Act”). In part, the automatic renewal law Act would place new restrictions on businesses that sell goods or services to consumers pursuant to a contract that automatically renews. What are the key provisions

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Night Club Accused of TCPA Text Messaging Violations

January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub.  The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act

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California’s Email Marketing Bill AB-2546 Has Died

January 11, 2019 We have been providing our blog readers with regular updates on the status of California State Bill AB-2546 (the “Bill”). The latest: As of November 30, 2018, the Bill officially died.  The proposed email marketing  Bill would have provided stricter requirements for commercial email that was sent either from California or to

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