As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to discuss CMS’ upcoming proposed marketing rule changes (the “Rule”) that will be effective by the time next year’s open enrollment period rolls […]
Upcoming CMS Marketing Rule Changes Read More »
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of the California Invasion of Privacy Act (“CIPA”). Below, we discuss a recent decision in which a California federal court dealt
Major CIPA Victory! Read More »
The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law interpretations of existing gambling and lottery laws pave the way forward for the continued expansion of the fantasy sports industry. In
A Fantasy Sports Opinion Letter is a Necessity Read More »
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event tickets). Note that our office has not reviewed the Official Rules for Coinbase’s Bitcoin sweepstakes and, as such,
Is a Bitcoin Sweepstakes Promotion Legal? Read More »
As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other things, certain consumer data broker registration requirements. The Agency is responsible for enforcing the Delete Act and, as discussed below, is now actively pursuing
Make Sure That You Comply With Data Broker Registration Laws! Read More »
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state equivalents of the TCPA. The TCPA, or Telephone Consumer Protection Act, is a federal statute designed to protect consumer privacy by restricting certain types of
Telemarketers Ask: What Is an Oklahoma Automated System? Read More »
With Medicare’s open enrollment period (October 15, 2024 – December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist both during and outside of the open enrollment window. In this open enrollment marketing blog, we will discuss permitted and prohibited marketing activities, including: (1)
Open Enrollment Marketing – The Do’s and Don’ts Read More »
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National Do Not Call (“DNC”) registry compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies obtain prior express
Are Law Firms Susceptible to TCPA ATDS Claims? Read More »
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