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TikTok Pixel CIPA Claims Are Running on Borrowed Time

As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate websites which utilize third-party tracking technology, including TikTok pixels. Plaintiff’s typically allege that use of  pixel technology constitutes an unlawful wiretap or “trap and trace device” under CIPA. Over the past months, several newly-rendered decisions signal that courts may no longer entertain CIPA claims if they involve the use of pixel tracking technology.  What Are […]

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Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes

On October 24 2025, the United States District Court for the Middle District of Florida issued another favorable decision for companies contesting National Do Not Call (“DNC”) claims. In El Sayed v. Naturopathica Holistic Health, Inc., Plaintiff received several unwanted messages from Defendant, despite the fact her number was listed on the National DNC registry.

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Evolution of CIPA Tracking Claims

As readers of this blog know, companies continue to be targeted in lawsuits asserting California Invasion of Privacy Act (“CIPA”) tracking claims. The fact that California courts have struggled to determine whether CIPA applies to internet communications has only emboldened the plaintiffs’ bar to continue filing these CIPA tracking lawsuits. More recently, CIPA tracking claims

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State Supreme Court to Weigh In on NJ Daniel’s Law

In a recent piece about New Jersey’s (“NJ”) Daniel’s Law, we discussed an order issued by the United States Court of Appeals for the Third Circuit (“Third Circuit”) requesting that NJ’s highest court consider two questions prior to the Third Circuit determining whether NJ’s Daniel’s Law is constitutional. A little over a month after the

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Telemarketing Consent Revocation Rule News

In a recent piece, we discussed a draft Notice of Proposed Rulemaking (“NPRM”) from the Federal Communications Commission (“FCC”) that could drastically alter the telemarketing law landscape. Within that same NPRM, the FCC also proposes modifying a Telephone Consumer Protection Act (“TCPA”) regulation relating to telemarketing consent revocation. Below, we discuss two key NPRM proposals

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PA Daniel’s Law Bill Narrowly Passes

Similar to New Jersey’s Daniel’s Law (“NJ Daniel’s Law”), Pennsylvania House Representatives recently passed a bill (“PA Daniel’s Law” or the “Bill”) aimed at protecting certain public officials. Much like NJ Daniel’s Law, the proposed PA Daniel’s Law seeks to prevent data brokers from disseminating the personal information of judges and other public officials, as

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Cancelled?! – FCC Announces Major Internal DNC Rule Change!

On October 8, 2025, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”) that, if adopted, could restructure the landscape of telemarketing law. The NPRM appears to continue the FCC’s efforts to reduce compliance obligations for law-abiding telemarketers. Among several key proposals related to the Telephone Consumer Protection Act (“TCPA”), is

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Sweepstakes Apps: McDonald’s Sweepstakes Promotion Is Back – with A Twist

Smart phones and other mobile devices have become a significant part of everyday life.  Consequently, businesses have sought to engage consumers through this popular medium by creating smart phone-based mobile applications (or “apps”) and related app-based loyalty programs and promotions.  Regardless of the medium or technology involved, one cost effective means of attracting consumers to

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