Let’s Go to The Session Replay Booth!

Blog, Data & Privacy Law, Telemarketing Law /

Readers of this blog are well aware of the uptick in consumer privacy claims surrounding the online use of session replayand other similar tracking technology. Allegedly aggrieved consumers typically claim that the use of session replay software allows third parties to illegally eavesdrop andwiretap their communications while visiting websites without their consent. In a recent decision from the United States Court of Appeals for the Third Circuit (“Third Circuit”), the Court reviewed a district court’s […]

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More California Data Privacy Legislation

Blog, Data & Privacy Law /

When it comes to consumer data privacy, California leads the country in legislative action. As continued evidence of this, earlier this year, lawmakers introduced two bills designed to strengthen data privacy protections for California State consumers. Below, we discuss the California data privacy bills and the potential implications for companies that process Californians’ data. What

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Get Out of TCPA Jail Free Card? Maintain a DNC Policy! 

Blog, Telemarketing Law /

An oft-discussed topic with which our readers are familiar is the National Do Not Call (“DNC”) registry. A lesser discussed topic is the Telephone Consumer Protection Act’s (“TCPA”) regulations relating to maintenance of written DNC policies.In this piece, we discuss the: (1) information that should be included in a DNC policy; (2) importance of maintaining DNC-related policies and procedures; and (3) potential implications that may arise from failing to implement a DNC policy.    Think You’re Sunk? Having a DNC Policy

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woman with wedding ring on taking a call on her cell phone do not call list

Proceed With Caution – DNC List Lawsuit Ends With Massive Settlement

Blog, Telemarketing Law /

Our readers know that making unsolicited telephone calls to consumers whose telephone numbers are on the National Do Not Call registry (“DNC List”) is a big no-no. The latest evidence of this is a class action lawsuit against a subscription-based entertainment services provider that allegedly engaged in a practice in which it placed telemarketing calls

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TCPA rules black telephone on desk telemarketing consumer

TCPA Rules to Change?

Blog, Telemarketing Law /

A Telephone Consumer Protection Act (“TCPA”) bill first introduced in the United States Senate has been given new life as Congress and federal agencies continue to focus on curtailing the delivery of unsolicited calls to consumers. Cited as the “Protecting American Consumers from Robocalls Act” (“TCPA Bill”), the regulation seeks to, among other things, expand

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guy in black sweat shirt on his cell phone texting do not call list DNC

Text Messages Lead to Do Not Call Lawsuit

Blog, Telemarketing Law /

A serial Telephone Consumer Protection Act (“TCPA”) litigant recently filed a complaint alleging that he received unsolicited text messages in violation of the TCPA’s Do Not Call regulations. Below, we discuss the allegations set forth in the Complaint, the Motion to Dismiss filed by the company that purportedly delivered the violative text messages, and the

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online accessibility online marketing TCPA telelmarketing

Bill Introduced to Curb ADA Online Accessibility Lawsuits

Blog, Online Marketing & Advertising Law /

Our readers know that private lawsuits against companies asserting website accessibility claims under Title III of the Americans with Disabilities Act (“ADA”) have skyrocketed in recent years. To curtail this increase in online accessibility cases, a United States congressman recently introduced a bill that would amend the ADA to require individuals to complete several steps

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strikethrough pricing sale item california store price

California’s Strikethrough Price Law Takes Center Stage  

Blog, Online Marketing & Advertising Law /

Similar to our recent piece, there has been an increase in California-based litigation concerning advertising products at allegedly discounted prices and lawsuits claiming that this practice violates California’s laws on false advertising (“Strikethrough Price Law”) have followed. Below, we broadly discuss the: (1) Strikethrough Price Law; (2) typical allegations asserted in Strikethrough Price Law complaints; and (3) implications of the Strikethrough Price Law for retail businesses.  The Strikethrough Price Law and Recent Allegations  The Strikethrough Price Law prohibits companies from, among other things, advertising the former price of

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