The Northern District of Georgia has been at the center of Telephone Consumer Protection Act (“TCPA”) litigation over the past month. As our readers know, a Georgia federal judge recently found that text messages are not telephone calls for purposes of the TCPA. In another recent decision from the same Court, a Georgia federal judge […]
Offers to Buy Real Estate Via Text Message May Violate the TCPA Read More »
California’s consumer data privacy law affords consumers the right to prevent companies from selling and sharing their personal information. The California Privacy Protection Agency (“CPPA”) is charged with enforcing the California Consumer Privacy Act (“CCPA”), including its opt-out rules (“CCPA Opt-Out Rule”). In September 2025, the CPPA announced that it would crack down on companies that fail to comply with the CCPA Opt-Out Rule. Recent enforcement actions, including the one discussed in detail below, suggest that the CPPA was not bluffing. In the following paragraphs,
Take CCPA Opt-Outs Seriously! Read More »
As readers of this blog know, the commonplace use of third-party tracking technology on consumer-facing websites has led to an influx of California Invasion of Privacy Act (“CIPA”) claims. While some of these claims are asserted in formal lawsuits, most CIPA claims are brought in arbitration proceedings. Below, we briefly discuss the CIPA arbitration process
CIPA Arbitration Demands Read More »
The telemarketing industry was rocked this week by a Telephone Consumer Protection Act (“TCPA”) decision out of the United States Court of Appeals for the Fifth Circuit. Long held assumptions for what the applicable TCPA consent standards are may have been turned on their head. What was the Fifth Circuit’s TCPA Consent Ruling? At issue
Has What Constitutes TCPA Consent Just Changed?! Read More »
With legislation pending that is designed to eliminate existing loopholes in a New Jersey State privacy law, the entity responsible for shining a light on NJ’s privacy law continues filing lawsuits. Commonly referred to as Daniel’s Law (“NJ Privacy Law”), the New Jersey Privacy Law was enacted to protect home addresses and telephone numbers of,
NJ Privacy Law Litigation Continues in the Midst of Uncertainty Read More »
Following the United States Supreme Court’s decision in McLaughlin v. McKesson, several courts have ruled on the issue of whether text messages are telephone calls for Telephone Consumer Protection Act (“TCPA”) purposes. Confronted with this very issue in a TCPA case in which the defendant filed a motion to dismiss, a Georgia federal judge recently
Georgia TCPA Text Message Case Dismissed! Read More »
In a recent piece, we discussed a bill that was introduced to reform Washington’s commercial email law. Below, we discuss: (1) the status of the bill; (2) its effect on Washington’s email law if the bill is enacted; and (3) its implications for email marketing companies. Bill Seeks to Amend Washington’s Email Law When Washington’s
Washington Commercial Email Law Update Read More »
As our readers know, the use of internet tracking technologies on consumer-facing websites is widespread. Utilization of these third-party tracking tools, however, has led to a proliferation of lawsuits alleging that companies wiretap, without consent, consumer communications on their websites. Recently, a Pennsylvania federal judge issued a noteworthy decision in which she dismissed wiretapping claims
Consent Defeats Wiretapping Claims Read More »