A class action lawsuit has been filed against a medical equipment seller for alleged violations of the junk fax provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA fax lawsuit, filed in the United States District Court for the Northern District of Illinois, arises from the alleged receipt of unsolicited fax advertisements for the […]
PPE Advertisements Lead to TCPA Fax Lawsuit Read More »
On December 17, 2020, the Federal Trade Commission (“FTC”) announced that it had concluded its first enforcement action against six cannabidiol (“CBD”) companies (the “Sellers”), stemming from allegations that the Sellers had deceptively advertised their CBD-based products. The FTC alleged that the Sellers made a wide range of claims, including that their CBD products could
Six Companies Settle FTC CBD Marketing Regulation Violations Read More »
The California Department of Justice (“DOJ”) has provided notice of yet another round of proposed modifications to the California Consumer Privacy Act (“CCPA”). This fourth set of new CCPA modifications addresses the twenty (20) comments businesses submitted in response to the third set of modifications on October 12, 2020. The DOJ will accept written comments
New CCPA Modifications Released Read More »
On December 14, 2020, the Federal Communications Communication (“FCC”) issued an Order on Reconsideration (“Order”) overturning a 2016 decision that allowed federal government contractors to robocall consumers without their prior express consent. The Order updated the FCC’s previous interpretation of the Telephone Consumer Protection Act (“TCPA”). Now, the FCC has made clear that certain government
Government Contractors Subject to New FCC TCPA Robocall Rules Read More »
W. Clay Mackey (“Opposer”), owner of the registered mark CHINOOK, for table wine, sparkling wine and beer, filed an opposition against Lawson’s Finest Liquids, LLC (“Applicant”) federal trademark application for CHINOOKER’D IPA, for beer. On December 7, 2020, the Trademark Trial and Appeal Board (“TTAB”) canceled the Opposer’s registration of CHINOOK for beer on the
TTAB Trademark Decision Finds No Confusion Between CHINOOKR’D IPA and CHINOOK Wine Read More »
As its name suggests, the Telephone Consumer Protection Act of 1991 (“TCPA”) was drafted, debated, passed, and signed into law well before cell phones became ubiquitous. It is, therefore, unsurprising that the statutory language of the TCPA does not expressly state whether the law applies to text messages. This was a subject of great interest
Does the TCPA Apply to Text Messages? Read More »
The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition. For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been
SCOTUS Hears Argument to Settle TCPA ATDS Definition Read More »
The Federal Communications Commission (“FCC”) is in the process of evaluating whether to issue a declaratory ruling which would provide clarification on if and how companies are permitted to respond to consumer TCPA opt-out requests. Such guidance offers the promise of providing much needed certainty to businesses trying to more efficiently manage relationships with their
FCC Asked to Clarify Scope of TCPA Opt-Out Requests Read More »