As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as “Chevron deference” by a 6-3 vote. The Court’s opinion in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. (“Loper Bright”) has major implications for Telephone Consumer Protection […]
Chevron Deference Overruled! FCC to Curb TCPA Rulemaking? Read More »
On April 17, 2024, the State of Nebraska enacted the Nebraska Data Privacy Act (“NDPA”). With the passage of the NDPA, Nebraska joins the ranks of the nineteen other states that have adopted comprehensive consumer data privacy laws. With numerous state laws already on the books, it is imperative that businesses make consumer data privacy
Nebraska Enacts Consumer Data Privacy Law Read More »
Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court recently denied a motion to dismiss a putative class action alleging that defendant violated CIPA by wiretapping plaintiff’s conversations with a third-party. Below,
Back to the Future – CIPA Wiretap Case Survives Dismissal Read More »
Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies’ collection of consumer data. A litany of these cases are brought by Swigart Law Group, APC (“Swigart Law”), a law firm based out of California. According to its website, Swigart Law “is a consumer protection and privacy law
Swigart Law Group CIPA Demands Read More »
On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his Telephone Consumer Protection Act (“TCPA”) lawsuit, Plaintiff alleged that he continued to receive promotional text messages
Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit Read More »
On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way for legalized sports betting across the United States and created an associated need for gambling advertising. In the years since
Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the dismissal stage of litigation proceedings. In Nienaber v. Overlake Hosp. Med. Ctr., 2024 WL 2133709 (W.D. Wsh. May 13, 2024), plaintiff alleged that defendant,
Third-Party Pixel Tracking Technology Liability Read More »
Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC (“Sharman”), Plaintiff sought to certify a
How to Challenge TCPA Class Action Certification Read More »