Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago, this landmark case settled a circuit split about what features dialing equipment must have to qualify as an autodialer under the Telephone Consumer Protection Act (“TCPA”). Despite the […]
Third Circuit Decision Broadens TCPA Autodialer Definition? Read More »
Despite reported slower growth in 2022 so far, non-fungible tokens (“NFTs”) are still expected to surpass 2021 in market sales. NFTs are unique digital files, featuring images or short videos, that are usually purchased with cryptocurrency, using blockchain technology to establish verified proof of ownership. As the growth of the NFT industry continues, potential sellers who
Do You Need an NFT Owner Agreement? Read More »
On June 14th, the U.S. House Energy and Commerce Committee held a hearing on the newly proposed federal privacy law, called the American Data Privacy and Protection Act (“ADPPA”). ADDPA is presently not an official bill, just a discussion draft. Still, the Committee Members (on both sides of the aisle) all voiced support for ADDPA
Proposed Federal Privacy Law Hearing Reveals Progress and Sticking Points Read More »
The New York (“NY”) Cannabis Control Board recently approved regulations for Adult-Use Cannabis, including those applicable to packaging, labeling, marketing, advertising and laboratory testing. By this effort, the Board has effectively advanced the regulations to the next phase of the legislative process: a 60-day public comment period, which will begin on June 15, 2022.
Cannabis Board Approves NY Marijuana Marketing Regulations Read More »
For those familiar with cryptocurrency and Non-Fungible Tokens (“NFTs”), the term “rug pull” has become all too familiar. An NFT rug pull is a malicious scheme in which NFT developers raise funds for their project, and then disappear with the proceeds. These schemes typically involve elaborate group-think marketing and a utility roadmap. Frosties is one
NFT Project Promising Layers of Utility Ends in NFT Rug Pull Read More »
For telemarketers, having valid prior express written consent to contact marketing leads is essential for avoiding lawsuits and liability under the Telephone Consumer Protection Act (“TCPA”). That need spawned the creation of services that record a consumer’s interactions with a given website’s consent flow in real time. One such company is ActiveProspect, offering a widely-used
Trusted Form Wiretap Case Sows TCPA Confusion Read More »
Many businesses have felt the panic and frustration of getting sued for violating the Telephone Consumer Protection Act (“TCPA”) in situations where they had no idea how plaintiffs received any calls or text messages from them. Sometimes, it seems, these unknown calls and text messages come from the less scrupulous in the industry and try
Marriot Telemarketing Case Shows New Path to Combat Unauthorized Telemarketing Read More »
On May 24, 2022, the Federal Trade Commission (“FTC”) unanimously approved a notice of proposed amendments to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (the “Endorsement Guides”). The proposed amendments to the Endorsement Guides target, among other things, the fraudulent practice of posting fake positive reviews and suppressing bad reviews in online
FTC Endorsement Guides: Proposed Changes Read More »