Governor Gavin Newsome signed AB2863 into law on September 24, 2024, amending California’s automatic renewal law – making it the most stringent state measure in the United States. As businesses that operate online are aware, California is one of the most aggressive when it comes to consumer protection in the realm of e-Commerce. Note that […]
California Sets Standard with Automatic Renewal Law Amendments Read More »
Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California Business and Professions Code (“CBPC”), companies must be cautious when emailing to California State residents, especially with private
Private Right of Action for California Email Statute Violations Read More »
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury Vehicles, Inc. Plaintiffs sued Manhattan Luxury Vehicles (“Defendant”) for allegedly violating the Automatic Telephone Dialing System (“ATDS”) and Do Not Call
Court Rules TCPA Consent Cannot be Transferred Read More »
Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related marketing to obtain one-to-one consent to telemarket to consumers. Following the Federal Communications Commission’s (“FCC”) rulemaking on one-to-one consent, the
Medicare One-to-One Consent Rules Go Into Effect October 1! Read More »
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the
Favorable Pennsylvania Wiretap Decision Read More »
Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. The FTSA, colloquially known as
TCPA Case Filings on the Rise! Read More »
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions highlight an additional avenue of defense for companies facing potential TCPA liability. The question presented in each of these cases was whether certain
What Constitutes A TCPA Solicitation? Read More »
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand awareness through the allure of prizes. However, there are numerous regulatory considerations and social media network rules that apply to each aspect of this marketing approach,
How to Run A Social Media Sweepstakes Promotion Read More »
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