As our readers know, a recent federal court decision left the fate of the Federal Communications Commission’s (“FCC”) one-to-one consent rule under the Telephone Consumer Protection Act (“TCPA”) on life support, at best. While prior rules of the road remain in place for TCPA compliance, Medicare marketing rules went into effect which are substantially similar […]
Current TCPA and Medicare Marketing Landscape Read More »
Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s renewed reliance on email marketing, there is a corresponding increase in lawsuits alleging violations of California’s email marketing statute. Below, we discuss
Email Marketing Compliance Read More »
By Allie Reed View the original article on Bloomberg Law here. -State supreme court nixed using wiretapping statute-Plaintiffs marrying state, federal claims to salvage disputes Massachusetts plaintiffs in more than a dozen lawsuits over hospital and health-care system website technology are pivoting to federal and state privacy laws to keep their cases alive after a
Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act (“TCPA”). In an effort to close what it
1:1 Consent Rule Vacated. What’s Next? Read More »
Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their websites. The latest iteration of these CIPA third-party tracking software lawsuits targets CIPA and TikTok. Trap and Trace CIPA TikTok Claims In Esparza v.
CIPA TikTok Claims Read More »
In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”) one-to-one consent rule. The decision prevented the rule from becoming law on the eve of its anticipated effective date. Why was the One-to-One Consent Rule Vacated? As alluded to in
One-to-One Consent Rule Vacated: What Comes Next? Read More »
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on their websites show no signs of slowing down. This fact is illustrated by two recent California State court lawsuits which allege CIPA claims for Defendants’ alleged use of third-party tracking
Can’t Teach An Old Dog New CIPA Claim Tricks Read More »
In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano, Plaintiffs, who are visually impaired, filed an Americans with Disabilities Act (“ADA”) lawsuit against Defendant for not carrying braille gift cards in its stores. As our readers are aware, Title
Revisiting the Second Circuit’s ADA Lawsuit Standard Read More »