As our readers know, we often discuss the use of third-party pixel tracking software on consumer-facing websites, and the various claims the plaintiffs’ bar has advanced – namely, that the use of third-party pixel tracking software on websites violates federal and state privacy laws. In a recent decision, a Florida federal judge denied class certification […]
Critical Element Missing From Pixel Tracking Lawsuit Read More »
In a recent piece, we discussed a decision by the first federal appellate court to rule that there is no private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages (“SMS Message”). While this decision certainly was a win for the marketing industry, it should be noted that
So, I Can Send SMS Messages and Avoid TCPA Liability? – Not So Fast My Friend! Read More »
As our readers may recall, we have been tracking a pending appeal centered on the question of whether or not there is a private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages. Recently, the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) answered this
7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action! Read More »
In our piece immediately preceding this one, we briefly discussed revived legislation aimed at curtailing the unintended reach of the California Invasion of Privacy Act (“CIPA”). Herein, we discuss in detail the proposed legislation, recent amendments to the bill designed to change CIPA’s laws, and the effects that the proposed legislation would have on the
Help Wanted! CIPA Law Reform on the Horizon? Read More »
California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet tracking software, a California federal judge recently denied a CIPA-based motion for class certification. Below, we discuss: (1) the CIPA allegations asserted in the
Class Dismissed – Class Certification Denied in CIPA Internet Tracking Lawsuit Read More »
A recent Washington federal court complaint filed against a publicly-traded workforce apparel company (the “Company”) alleges that it violated the Telephone Consumer Protection Act (“TCPA”) by placing calls to consumers whose telephone numbers were listed on the National Do Not Call registry (“DNC Registry”). Below, we discuss the allegations set forth in the Complaint, and
Better Not Call Numbers on the DNC Registry! Read More »
Continuing its focus on fraudulent subscription plan services, the Federal Trade Commission (“FTC”) recently halted a subscription plan operation comprised of 15 corporations and eight individuals. After filing a complaint in a California federal court, the FTC obtained temporary injunctive relief enjoining the defendants from, among other things, marketing allegedly deceptive subscription plans. Below, we
FTC Crackdown on Deceptive Subscription Plans Read More »
A recent decision from a California federal court addresses a more straightforward flavor of wiretapping claims than those that have caused a drastic increase in consumer privacy litigation. Below, we discuss: (1) the wiretapping claims asserted in the lawsuit; (2) the decision and the judge’s accompanying reasoning; and (3) its implications for businesses. No California
Not Going to California – Wiretap Claims Dismissed Read More »