October 18, 2019 Recently, we blogged concerning the California State Attorney General’s release of draft California Consumer Privacy Act (“CCPA”) regulations and the associated request for public comment. In that blog, we highlighted that new obligations had been added that were not included in the CCPA itself. Today, we discuss one such new provision –…

October 16, 2019 When the California Consumer Privacy Act (“CCPA”) was enacted in June 2018, it required the California State Attorney General to adopt regulations on or before July 1, 2020. On October 11, 2019, the widely anticipated draft CCPA regulations were released to the public. The intention of the proposed CCPA regulations is to…

October 11, 2019 The United States Supreme Court (“SCOTUS” or the “Court”) recently began its new term and immediately issued an order involving the Telephone Consumer Protection Act (“TCPA”).  Fast on the heels of a recent decision at the end of the last term in which the Court was presented with a dispute over the…

October 10, 2019 The world’s population is increasingly reliant on smart phones and other similar mobile devices.  Businesses have been adjusting to this new reality by pursuing consumer outreach through mobile applications (or “apps”) that can be downloaded and accessed via smart phones.  Regardless of the medium or technology involved, one particularly potent means of…

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”)…

October 4, 2019 On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”).  Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device…

October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that…

October 2, 2019 For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor…

September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes…

September 27, 2019 On September 25, 2019, the Federal Trade Commission (“FTC”) filed a Complaint against Match Group Inc. (“Match Group”), parent company of Match.com, seeking a permanent injunction and civil penalties.  The FTC’s Complaint alleges that Match.com engaged in the use of deceptive marketing practices “to induce consumers to subscribe to Match.com and keep…

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