grocery store do not call list internal DNC close up of grocery cart going down an aisle

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

Blog, Telemarketing Law /

On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance provisions of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA was signed into law in 1991 […]

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action Read More »

wiretap Massachusetts woman in grey long sleeve holding phone and looking at it wooden table

Big Massachusetts Wiretap Victory for Industry

Blog, Telemarketing Law /

Readers of this blog are aware of the surge in consumer privacy lawsuits alleging that the use of third-party tracking technology to collect consumer data while visiting a website constitutes illegal wiretapping. While most of these lawsuits are filed in California, companies have found themselves defending against these claims in other jurisdictions as well. A

Big Massachusetts Wiretap Victory for Industry Read More »

FTC subscriptions man looking distressed looking at laptop with headphones on

FTC Finalizes Subscription Renewal Rulemaking

Blog, Internet Law, Online Marketing & Advertising Law /

On October 16, 2024, the Federal Trade Commission (“FTC”) announced its final rules applicable to recurring subscription plans. According to the FTC, these rules were implemented to make it easier for consumers to stop paying for services they no longer need. As our readers are aware, the public has been submitting commentary on the FTC’s

FTC Finalizes Subscription Renewal Rulemaking Read More »

cmo marketing TCPA TCPA laws people talking at table with laptops

CMS Marketing and Personal Beneficiary Information

Blog, Telemarketing Law /

With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying with the Telephone Consumer Protection Act (“TCPA”) and other applicable federal and state regulations, marketers (or Third-Party Marketing Organizations

CMS Marketing and Personal Beneficiary Information Read More »

sweepstakes CIPA privacy law requirements bonding lady signing legal paper work

Sweepstakes Registration and Bonding Requirements

Blog, Sweepstakes & Gaming Law /

Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have an incentive to offer prizes of significant value.  However, business should remain mindful that certain state law requirements may be triggered where prize

Sweepstakes Registration and Bonding Requirements Read More »

CIPA Email Private Right of Action Cases on the Rise

Blog, Data & Privacy Law /

The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the plaintiffs’ bar has transitioned to email just as marketers are pivoting from telemarketing back to the relatively safer haven

CIPA Email Private Right of Action Cases on the Rise Read More »

california renewal marketing telemarketing macbook with light coming out

California Sets Standard with Automatic Renewal Law Amendments 

Blog /

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 »

california email california emails marketing telemarketing TCPA black hands typing on laptop at desk

Private Right of Action for California Email Statute Violations  

Blog, Online Marketing & Advertising Law /

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 »