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 »
Readers may recall a piece late last year in which we discussed proposed sweeping changes to Michigan’s mini-Telephone Consumer Protection Act (“TCPA”) law. Below, we provide an update on the status of Michigan Senate Bill 351 (S-4) (“Senate Bill”) and briefly summarize the changes to Michigan’s mini-TCPA in the event the Senate Bill becomes law. Proposed Changes to Michigan’s Mini-TCPA With bipartisan support, on January 30, 2026, the Michigan
Michigan Mini-TCPA Update Read More »
As our readers know, Washington’s Commercial Electronic Mail Act (“CEMA”) has become a fertile battleground for lawsuits involving CEMA email claims. Below, we discuss a complaint alleging CEMA email claims against a leather goods company and what you should do in the event that you become the target of a CEMA email lawsuit. CEMA Email
CEMA Email Litigation Update Read More »
As our readers know, lawsuits alleging illegal wiretapping claims against companies that collect consumers’ data continue unabated. Below, we discuss a recent favorable ruling dismissing California Invasion of Privacy Act (“CIPA”) wiretapping claims against an e-commerce company. California Federal Court Dismisses Wiretapping Claim In Briskin v. Shopify Inc., Plaintiff asserted, among other things, illegal wiretapping claims against Shopify in violation of CIPA. While purchasing fitness apparel from a Shopify merchant, Plaintiff claimed that Shopify wiretapped his communications by collecting sensitive private information (including his
Favorable CIPA Wiretapping Claim Decision Read More »