October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that […]
NJ Dance Club Fights TCPA Text Message Lawsuit Read More »
October 2, 2019 For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor
California Fair Pay to Play Act and College Athlete Marketing Read More »
September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes
FTC Calls for Public Comment on Negative Option Marketing Read More »
September 27, 2019 On September 25, 2019, the Federal Trade Commission (“FTC”) filed a Complaint against Match Group Inc. (“Match Group”), parent company of Match.com, seeking a permanent injunction and civil penalties. The FTC’s Complaint alleges that Match.com engaged in the use of deceptive marketing practices “to induce consumers to subscribe to Match.com and keep
September 27, 2019 Apple Inc. has released a new operating system for its mobile devices that is likely to have a significant effect on the telemarketing industry. Among the features included in the new operating system, iOS 13, is one that is intended to provide users with the ability to effectively eliminate their receipt of
New Mobile Operating System Targets Unsolicited Telemarketing Calls Read More »
September 26, 2019 Readers of this blog have been following our updates on prospective amendments to the California Consumer Privacy Act (“CCPA”). Among other amendments, Assembly Bill No. 1355 (the “Bill”) was passed by the California State Legislature on September 13, 2019. This CCPA amendment, if signed into law by Governor Newsom, will, among other
CCPA Amendments Provide Some Clarity Read More »
September 25, 2019 As we have previously blogged, the California Consumer Protection Act (“CCPA“) will impose significant new obligations on how businesses handle California State residents’ personal information. Although the CCPA is scheduled to go into effect on January 1, 2020, California lawmakers are still working on amendments, implementing regulations, and clarifying CCPA exceptions. Shortly
CCPA Exception Approved by California Legislature Read More »
On September 13, 2019, Florida-based company Yodel Technologies LLC (“Yodel”) petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling concerning the use of soundboard technology. Specifically, the petition addresses the question of whether soundboard technology should be considered a pre-recorded voice message, or “robocall,” within the meaning of the Telephone Consumer Protection Act (“TCPA”).
Does use of Soundboard Technology Violate the TCPA? Read More »