A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.” Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential …
Consumer inboxes have been flooded lately with privacy policy update notices. This is, in large measure, the result of the new General Data Protection Regulation (“GDPR”) that was implemented by the European Union (“EU”). The GDPR went into effect on May 25, 2018. Any person or entity, that holds or uses the personal data of EU residents, …
Since the U.S. Supreme Court decided Facebook v. Duguid in April, trial courts have employed the decision to analyze Telephone Consumer Protection Act (“TCPA”) cases that come before them. Specifically, courts have addressed how the Facebook decision impacts alleged TCPA automatic telephone dialing system (“ATDS” or “autodialer”) claims. In a recent case captioned Watts v. …
Illinois Court Uses Facebook to Dismiss TCPA ATDS Claims Read More »
In less than a month’s time, several states will officially enact name, image, and likeness (“NIL”) laws much to the chagrin of the official governing body of collegiate sports, the National Collegiate Athletic Association (“NCAA”). After July 1, when these NIL laws go into effect, college athletes in select states will be able to cash …
NCAA Braces for New-Age “Madness” Amidst NIL Law Enactment Read More »
On June 8, 2021, the Colorado General Assembly passed the Colorado Privacy Act (“CPA”). If signed by Governor Jared Polis, Colorado will join California and Virginia as only the third state of the Union to pass comprehensive data privacy legislation. Following in the footsteps of the California Consumer Privacy Act (“CCPA”) and Virginia’s Consumer Data …
Colorado Privacy Law Heads to Governor’s Desk for Signature Read More »
The Federal Trade Commission (“FTC”) recently announced the settlement of a lawsuit with the Career Education Corporation (“CEC”). The operator of post-secondary education institutions was accused of federal Do-Not-Call List (“DNC list”) violations and related telemarketing, lead generation, and advertising wrongdoing. The underlying allegations, and the settlement and related restitution agreed to, should serve as …
FTC Recovers $30 Million in DNC List Violation Settlement Read More »
The Federal Trade Commission released an influencer sponsorship guide in 2019, “Disclosures 101 for Social Media Influencers” (the “Guide”), in an attempt to curtail the scourge of deceptive ads published by social media influencers. In the past, we have blogged about how advertisers and influencers have come under investigation for failing to adequately disclose their professional relationships. …
Legal Perspective on Influencer Sponsorship and Testimonials Read More »
In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer Protection Act (TCPA”). In that decision, largely a win for the telemarketing industry, the Supreme Court included a TCPA footnote (also referred to as Footnote 7) that addressed a linguistic …
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