The telemarketing world tilted on its axis last year when Florida enacted the Florida Telephone Solicitation Act (“FTSA”). The FTSA is Florida’s answer to the Telephone Consumer Protection Act (“TCPA”). No law is perfect, and the FTSA has created myriad headaches for its lack of clarity. In a nod to the industry’s concerns, the Florida […]
FTSA Amendment Bill Could Bring Needed Clarity Read More »
In January 2022, many businesses operating loyalty programs in the State of California received notices for allegedly violating the California Consumer Privacy Act (“CCPA”). Like the notice sweep in July 2021, California’s Attorney General published a brief press release describing the violations and subsequent notices alleging non-compliance with the CCPA’s Notice of Financial Incentive (“Notice”)
Loyalty Comes at a Price: Don’t Forget to Include CCPA’s Notice of Financial Incentive Read More »
As the clock ticks closer to January 1, 2023, businesses need to, among other measures, update their privacy policies to comply with the California Privacy Rights Act (“CPRA”). At the start of 2023, the CPRA will come into effect, greatly altering California’s privacy landscape. While, in many ways, the CPRA picks up where the California Consumer
The CPRA Sensitive Personal Information Data Category Read More »
On January 3, 2022, a football fan filed a class action lawsuit against the “New York” Jets and Giants for alleged marketing violations. Specifically, the complaint alleged that the two professional football organizations engaged in false advertising and deceptive marketing practices by continuing to employ “New York” in their teams’ name when, in fact, the
False Advertising and Football: Jets and Giants Accused of Marketing Violations Read More »
Website Terms and Conditions are an important tool for website owners and operators in order to create essential legal protections and limit liability. Frequently, website Terms and Conditions, coupled with the Privacy Policy, are the only legal documents used to establish the contractual relationship between website operators and their respective end-users. Given this vital role, it is important that
Are Your Website Terms and Conditions Fully Enforceable? Read More »
Cookies have been a ubiquitous, essential part of the Internet world for decades. Web cookies are small files downloaded from a website that keep track of a user’s prior website sessions, registration information, text size preferences, and other user experiences. They also serve to track a user’s movements on the website that sent the cookie.
Cookie Exchange: Google Topics to Replace Cookies and Provide More Advertising Privacy Read More »
If you are interested in running a legal contest related to the “Big Game,” you should leave the “Super Bowl” trademark and the element of consideration out of the equation. Contests are a terrific way to promote a brand and increase revenue. However, when sweepstakes promotions are structured incorrectly, the consequences may include reputational harm,
“Super Bowl” Sweepstakes: Leave “Super Bowl” and Consideration Out of Your Contests! Read More »
Earlier this month, several members of Congress introduced a bill aimed at simplifying website Terms and Conditions for online consumers. The Terms-of-service Labeling, Design and Readability Act (“TLDR Act”) is intended to address Website Terms of Service that consumers must agree to before using online services. While the Terms-of-Service Act is merely a bill (and, if
Proposed Terms-of-Service Act: Making Terms Consumer-Friendly Read More »