website visit recordings

9th Circuit Sets Trend on Valid Consent for Website Visit Recordings

In May 2022, the Ninth Circuit Court of Appeals held that prior express consent must be obtained in order to legally record a user’s website visit or risk violating Section 631(a) of the California Invasion of Privacy Act (commonly known as the State’s “wiretapping” law). In Javier v. Assurance IQ, LLC, Plaintiff visited Assurance’s website …

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What’s the Big Deal with Discord Sweepstakes?

So You Want to Run a Discord Sweepstakes? Be Careful!!!

First off, what is Discord? For the uninitiated, according to its website, “Discord is a voice, video and text communication service used by over a hundred million people to hang out and talk with their friends and communities.” It is further described as comprised of “servers that are organized into topic-based channels where you can …

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KMT’s David Klein Featured in CoinTelegraph: GameFi developers could be facing big fines and hard time

By Rudy Takala at CoinTelegraph. For the original article, click here. Are cryptocurrency games innocent fun? Or are they Ponzi schemes facing an imminent crackdown by regulators in the United States? Tokens related to cryptocurrency games — known colloquially as “GameFi” — were worth a cumulative total of nearly $10 billion as of mid-August, give or take …

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Florida TCPA Action

Florida TCPA Action Survives Motion to Dismiss

In a recent Florida putative class action, Pariseau v. Built USA, LLC, plaintiff alleged that defendant violated the Telephone Consumer Protection Act (“TCPA”) as well as the Florida Telephone Solicitation Act (“FTSA”), by sending unsolicited text messages advertising a sweepstakes contest. Here, plaintiff claimed “never [to have] invited or consented to the text message” and had also …

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New FTC Data Privacy Laws?

Across the country, several states, namely California, Colorado, Connecticut, Utah, and Virginia, have enacted extensive data privacy laws restricting the ways in which companies may collect, use and share consumer personal information without legal repercussions. In the digital marketing space, companies are required to operate their businesses within the confines of applicable state data privacy …

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Text Litigation

The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive

A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became a household name in early 2021, as a result of the small retail investor movement. One method that Robinhood uses to acquire new users is by encouraging existing users to …

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California Rules that Websites are Not Places of Public Accommodation under the ADA - Klein Moynihan Turco LLP

California Rules that Websites are Not Places of Public Accommodation under the ADA

Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of a disability “in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation.” Whether a website constitutes a “place of public accommodation” under the ADA has generated a great deal of …

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