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 »
The Federal Trade Commission (“FTC”) has settled an investigation into the business practices of A.S. Research, LLC (“A.S. Research) for allegedly making false and misleading health claims in connection with its advertising and sale of the supplement Synovia. 13,221 consumers who bought Synovia will receive checks totaling $774,755. The settlement with A.S. Research prohibits the
FTC Investigation Results in $774,755 in Consumer Refunds Read More »
As readers know, on November 3, 2020, California State voters passed Proposition 24, better known as the California Privacy Rights Act (“CPRA”). The CPRA significantly changes California’s privacy landscape, which was still developing after the recent enactment of the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA’s history mirrors that of the CCPA,
How the CPRA Law Overhauls and Updates the CCPA Read More »
On election day, California State voters passed Proposition 24, the California Privacy Rights Act (“CPRA”), a measure that strengthens consumer data privacy rights that were originally created by the California Consumer Privacy Act (“CCPA”). The amendments to the CCPA implement a regulatory framework that is, in some respects, closer aligned with that of the European
How Does the CPRA Compare to the GDPR? Ask a CPRA Lawyer Read More »
Since 2018, businesses have been working diligently to hit the ever-moving target of California Consumer Privacy Act (“CCPA”) compliance. Just as the California Attorney General had begun CCPA enforcement, the State has now voted to approve Proposition 24, the California Privacy Rights Act (“CPRA”), to create what amounts to a new CCPA. Like the CCPA,
The New CCPA has Passed in to Law. Now When Does it Take Effect? Read More »
On November 11, 2020, New York Governor Andrew Cuomo signed New York State Senate Bill S01475 into law (the “Law”), which requires marketers to provide clear and conspicuous disclosures in connection with all automatic renewal and continuous service offers presented to New York consumers. This auto-renewal Law will go into effect ninety (90) days after
New York to Implement New Auto-Renewal Law Read More »