Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff’s FTSA lawsuit on the grounds that Plaintiff failed to plead actual damages […]
FTSA Lawsuit Update Read More »
On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme Court’s landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to restrict certain telemarketing practices, including
Third Circuit Clarifies TCPA ATDS Liability Read More »
On April 11, 2024, New York Senator Joe Addabbo introduced a bill proposing major changes to New York’s fantasy sports law. S9044 seeks to alter the landscape of fantasy sports contests in New York in several ways. As our readers are aware, last October, the New York State Gaming Commission (the “Commission”) adopted New York
New York Senator Introduces Novel Fantasy Sports Law Amendments Read More »
Federal Data Privacy Bill Introduced with Bipartisan Support Online marketers may be on the verge of finally obtaining a single, unified federal framework for consumer data privacy regulation. In April, a bipartisan coalition, with sponsors in both houses of Congress, introduced a draft of the American Privacy Rights Act (“APRA”), a proposed federal data privacy
Federal Data Privacy Law Good for Online Marketers Read More »
Sweepstakes promotions can be valuable tools for businesses seeking to attract new customers. Unlike static ads, newsletter sign-ups and other basic website registration forms, sweepstakes incentivize consumers to provide their information to businesses by offering entrants the chance to win prizes. As noted, sweepstakes can be a viable means for building a customer database. However,
Why You Need A Privacy Policy for Your Sweepstakes Promotion Read More »
An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater v. State Farm Mutual Insurance Co., Plaintiff alleged that he received an unsolicited call from a third-party agency inquiring as to Plaintiff’s interest in
TCPA Vicarious Liability Read More »
On May 6, 2024, Georgia Governor Brian Kemp signed Senate Bill 73 (“SB 73”) into law. SB 73 amends Title 46 of the Official Code of Georgia (“OCGA”), Georgia’s telemarketing law, with the goal of curbing the proliferation of unsolicited telemarketing calls to State residents. Among other revisions, SB 73 amended Georgia’s telemarketing law to:
Revised Georgia Telemarketing Law Takes Effect on July 1, 2024 Read More »
If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits filed against online companies, which allege that use of third-party website tracking software violates California’s wiretapping law. Our readers
Beware of Pennsylvania Wiretap Laws! Read More »