On July 7, 2021, Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. The CPA tasked the Colorado Attorney General with implementing and enforcing the CPA, including adopting new rules (“Rules”). As readers of our blog know, the CPA is a part of the State of Colorado’s Consumer Protection Act. As states enact […]
Draft Colorado Privacy Act Rules Undergoing Revision Read More »
On January 1, 2023, a new law went into effect that legalizes sports gambling at brick-and-mortar locations, and via the Internet and mobile devices in the State of Ohio. Unsurprisingly, sports gambling marketing in Ohio has begun with a vengeance. Because this is a new law, in a new jurisdiction, companies will need to ensure
Sports Gambling Marketing’s New Market: Ohio! Read More »
On December 27, 2022, Judge Aileen Cannon of the Southern District of Florida entered an order dismissing the First Amended Complaint in Stephen Muccio v. Global Motivation, Inc. and Jordan Belfort.This class action complaint alleged that Jordan Belfort a.k.a. “The Wolf of Wall Street,” and his company, Global Motivation, Inc (“GMI”), had sent marketing communications
TCPA Text Class Action Against Wolf of Wall Street Dismissed Read More »
On December 22, 2022, the United States District Court for the Northern District of California granted the motion to dismiss filed by Defendants, What If Holdings LLC (“What If”) and ActiveProspect Inc. (“ActiveProspect”). Plaintiff, Loretta Williams, alleged in her complaint that while visiting a website owned by What If, TrustedForm (an ActiveProspect website recording software
California Court Holds That Website Recording is NOT Wiretapping Read More »
Marketing companies take notice: on December 20, 2022, the Federal Trade Commission’s (“FTC’s” or “Agency’s”) Bureau of Consumer Protection released a 40-page, comprehensive Health Products Compliance Guidance (the “Guide”). The new Guide is considered to be a significant update to the earlier 1998 version, Dietary Supplements: An Advertising Guide for Industry.The FTC Health-related advertising guide is comprehensive
New FTC Health-Related Advertising Guidelines Released Read More »
Brickman v. United States On February 12, 2016, Mr. Colin Brickman filed a class action lawsuit against Meta Platforms, Inc. (“Meta”), alleging that Meta violated the TCPA “autodialer” provision by sending unsolicited “Birthday Announcement” text messages. Brickman alleged that the subject texts violated the TCPA by using a random or sequential number generator to store
9th Circuit Applies Precedent: TCPA Autodialers Must Actually Generate Telephone Numbers Read More »
The First Circuit Court of Appeals recently issued a stunning opinion, vacating a $14 million Telephone Consumer Protection Act (“TCPA”) class action settlement. In Murray v. Grocery Delivery E-Services USA Inc, the Court decided that a potential conflict existed in class counsel’s representation of different class members. Two well-established procedural requirements of class certification are
First Circuit Vacates Massive TCPA Class Action Settlement Due to Conflict Read More »
As readers of our blog know, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect on January 1, 2022, with the aim of affording consumers “more control” over what companies can do with their personal information. In an effort to further strengthen consumer rights, in November of 2020, California voters approved Proposition 24, the California Privacy
The Latest on CPRA Regulations Read More »