It is no secret that for years, California has been a leader in consumer digital privacy regulation. Now, California has set its sights on expanding children’s privacy rights. As readers of this blog know, the State of California passed the groundbreaking California Privacy Rights Act of 2020 (“CCPA”) which, among other measures, ensured that businesses […]
California Continues to Enhance Children’s Privacy Rights Read More »
The Federal Trade Commission (the “FTC” or “Commission”) and six states sued Roomster Corp. and its owners for allegedly deceiving consumers with fake reviews and bogus listings. Roomster is an Internet-based room and roommate finder platform, purporting to help consumers find affordable housing via its website and mobile apps. Users must pay a fee to
Fake Reviews Violations and Phony Listings Result in FTC Lawsuit Read More »
In an age where many businesses regularly share consumer personal information, the California Attorney General sent a clear message to industry by announcing its first major enforcement action for violations of the California Consumer Privacy Act (“CCPA”). Passed in 2018, the CCPA went into effect on January 1, 2022, with the aim of giving consumers
First Major CCPA Violation Enforcement Action Announced! Read More »
The Consumer Financial Protection Bureau (“CFPB”) is a U.S. government agency charged with ensuring that consumers are treated fairly by banks, lenders, and other financial institutions. In connection with this directive, the CFPB has turned its attention to financial firms that use targeted advertising to reach consumers. The recently issued CFPB Advertising – interpretive rule
CFPB Advertising Rule: New Liability for Digital Marketing “Service Providers” Read More »
In May 2022, the Ninth Circuit Court of Appeals held that prior express consent must be obtained in order to legally record a user’s website visit or risk violating Section 631(a) of the California Invasion of Privacy Act (commonly known as the State’s “wiretapping” law). In Javier v. Assurance IQ, LLC, Plaintiff visited Assurance’s website
9th Circuit Sets Trend on Valid Consent for Website Visit Recordings Read More »
First off, what is Discord? For the uninitiated, according to its website, “Discord is a voice, video and text communication service used by over a hundred million people to hang out and talk with their friends and communities.” It is further described as comprised of “servers that are organized into topic-based channels where you can
So You Want to Run a Discord Sweepstakes? Be Careful!!! Read More »
In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the Florida Telephone Solicitation Act (“FTSA”), by sending unsolicited text messages advertising a sweepstakes contest. Here, plaintiff claimed “never [to have] invited or consented to the text message” and had also
Florida TCPA Action Survives Motion to Dismiss Read More »
Across the country, several states, namely California, Colorado, Connecticut, Utah, and Virginia, have enacted extensive data privacy laws restricting the ways in which companies may collect, use and share consumer personal information without legal repercussions. In the digital marketing space, companies are required to operate their businesses within the confines of applicable state data privacy
New FTC Data Privacy Laws? Read More »