The deadline for the United States Department of Justice (“DOJ” or the “Department”) to appeal the First Circuit decision vacating a 2018 Wire Act Law opinion has passed without action from DOJ attorneys. While this effectively ends the years long lawsuit, a new front in the fight has emerged in its wake. Last week, the […]
The Final Battle for the Soul of the Wire Act Law? Read More »
On July 1, 2021, the California Consumer Privacy Act (“CCPA”) imposes a deadline on businesses that buy, receive, sell and/or share for commercial purposes the personal information of 10,000,000 or more California residents in a calendar year. Originally, the CCPA regulations had established a threshold of 4,000,000 consumers. The California Attorney General’s Office increased the
CCPA Reporting Deadline of July 1, 2021! Read More »
On June 29, 2021, Florida Governor, Ron DeSantis, signed CS/SB 1120 into law (the “Law”). Telemarketing businesses will notice many similarities between the Law and the Federal Telephone Consumer Protection Act (“TCPA”). Most notably is the creation of a private right of action. The Law goes into effect on July 1, 2021. The Law significantly
New Florida TCPA Legislation SIGNED and EFFECTIVE JULY 1!!!! Read More »
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
Court Clarifies What a TCPA Number Generator Is Read More »
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,
8 Tips for GDPR Compliant Privacy Policies Read More »
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 »