As our readers are aware, the legality of telemarketing during quiet hours has been a hot topic in recent months. Last week, another putative class action Complaint was filed as a result of text messages that the Plaintiff alleges he received outside the hours of 8:00 a.m. and 9:00 p.m. In Valero v. Fizzies Sweets, […]
Set Telemarketing to Snooze: Telemarketing Quiet Hours Lawsuits on the Rise! Read More »
Last week, the Washington State Supreme Court issued a ruling which is anticipated to have significant implications for going-forward compliance with the Washington email law, the Commercial Electronic Mail Act (“CEMA”). What are the compliance obligations under the Washington email marketing law? As long-time readers of this blog know, state and federal email statutes generally
Washington Email Marketing Climate Has Changed! Read More »
Topics that we often discuss on this blog are the use of third-party tracking tools and the California Invasion of Privacy Act (“CIPA”). Less discussed of late, however, is the California Consumer Privacy Act (“CCPA”) which, like CIPA, provides consumers with a private right of action. Until recently, private lawsuits brought under the CCPA typically
CIPA and CCPA – Worlds Are Colliding! Read More »
April 9, 2025 by Kara Thompson Testers, those who seek privacy violations with the goal of filing lawsuits, lack Article III standing to sue for pen register and wiretapping infractions under the California Invasion of Privacy Act (CIPA), according to a decision from the U.S. District Court for Central California Friday. In case 24-08735, plaintiff
On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v. Ubisoft, Inc. In Lakes, Among other eavesdropping claims, Plaintiffs alleged that Defendant violated the Video Privacy Protection Act (“VPPA”) and California Invasion of Privacy Act (“CIPA”) by: 1) disclosing their
VPPA Lawsuit Against Major Video Game Studio Dismissed Read More »
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor activity on their websites to, among other things, provide targeted advertising. Although consumers rarely read them, companies often disclose the use of these
Use of Tracking Tools Requires Notice and Consent! Read More »
With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of Proposed Rulemaking (“NPRM”). In its NPRM, the FCC seeks comment regarding, among other things, the definition of AI-generated calls. The Commission’s proposed definition of
What Is An AI-Generated Call? Read More »
April 4, 2025 by Kara Thompson 3rd Circuit Review of Daniel’s Law May Force Legislatures to Rethink It, Privacy Lawyers Say The 3rd U.S. Circuit Court of Appeals has taken up a challenge to New Jersey’s Daniel’s Law, which plaintiffs say is a violation of the First Amendment. The 3rd Circuit’s review of such a
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