Readers of this blog are well aware of the rise in consumer privacy litigation involving California Invasion of Privacy Act (“CIPA”) wiretap claims. Because CIPA is a broadly worded statute, California courts continue to confront CIPA wiretap claims. A California federal judge recently issued a decision in which she refused to interpret CIPA as expansively […]
Is Anyone Listening? CIPA Wiretap Claims Survive Dismissal Read More »
Readers of this blog are well aware of the uptick in consumer privacy claims surrounding the online use of session replayand other similar tracking technology. Allegedly aggrieved consumers typically claim that the use of session replay software allows third parties to illegally eavesdrop andwiretap their communications while visiting websites without their consent. In a recent decision from the United States Court of Appeals for the Third Circuit (“Third Circuit”), the Court reviewed a district court’s
Let’s Go to The Session Replay Booth! Read More »
When it comes to consumer data privacy, California leads the country in legislative action. As continued evidence of this, earlier this year, lawmakers introduced two bills designed to strengthen data privacy protections for California State consumers. Below, we discuss the California data privacy bills and the potential implications for companies that process Californians’ data. What
More California Data Privacy Legislation Read More »
An oft-discussed topic with which our readers are familiar is the National Do Not Call (“DNC”) registry. A lesser discussed topic is the Telephone Consumer Protection Act’s (“TCPA”) regulations relating to maintenance of written DNC policies.In this piece, we discuss the: (1) information that should be included in a DNC policy; (2) importance of maintaining DNC-related policies and procedures; and (3) potential implications that may arise from failing to implement a DNC policy. Think You’re Sunk? Having a DNC Policy
Get Out of TCPA Jail Free Card? Maintain a DNC Policy! Read More »
Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no. The latest evidence of this is a class action lawsuit against a subscription-based entertainment services provider that allegedly engaged in a practice in which it placed telemarketing calls
Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement Read More »
A Telephone Consumer Protection Act (“TCPA”) bill first introduced in the United States Senate has been given new life as Congress and federal agencies continue to focus on curtailing the delivery of unsolicited calls to consumers. Cited as the “Protecting American Consumers from Robocalls Act” (“TCPA Bill”), the regulation seeks to, among other things, expand
TCPA Rules to Change? Read More »
A serial Telephone Consumer Protection Act (“TCPA”) litigant recently filed a complaint alleging that he received unsolicited text messages in violation of the TCPA’s Do Not Call regulations. Below, we discuss the allegations set forth in the Complaint, the Motion to Dismiss filed by the company that purportedly delivered the violative text messages, and the
Text Messages Lead to Do Not Call Lawsuit Read More »
Our readers know that private lawsuits against companies asserting website accessibility claims under Title III of the Americans with Disabilities Act (“ADA”) have skyrocketed in recent years. To curtail this increase in online accessibility cases, a United States congressman recently introduced a bill that would amend the ADA to require individuals to complete several steps
Bill Introduced to Curb ADA Online Accessibility Lawsuits Read More »