Readers of this blog may recall our prior piece about recent lawsuits alleging that the use of tracking software on certain websites violates the California Invasion of Privacy Act (“CIPA”). While earlier lawsuits focused on wiretapping and the use of “pen registers,” more recent filings have focused on CIPA’s prohibition on the use of “trap […]
CIPA and Trap and Trace Devices Read More »
Readers of this blog may recall our prior piece discussing an influx of lawsuits brought by Atlas Data Privacy Corporation (“Atlas”) against various companies for violating a New Jersey State privacy regulation known as Daniel’s Law. Not long after Daniel’s Law was amended to allow aggrieved persons to assign their claims, Atlas filed over 150
Daniel’s Law Under Fire Read More »
On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising. CMS is a United States federal agency that administers the Medicare program and works with state governments to administer Medicaid and other health insurance
Medicare Marketing One-to-One Consent Rules Effective October 1, 2024! Read More »
The allure of prizes offered in a sweepstakes promotion can be an effective means of attracting consumers to a brand and/or its specific products/services. This is especially true when the prize in question involves tickets/admission to a highly sought-after live event. Before proceeding with such a promotion, however, businesses must address certain specific considerations relevant
Live Event Sweepstakes Considerations Read More »
On July 26, 2024, Pull-A-Part, LLC, a junkyard and auto salvage company, was sued in the United States District Court for the Northern District of Georgia for allegedly failing to honor Do Not Call (“DNC”) opt-out requests in violation of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA requires that
DNC Opt-Out Leaves Junkyard Singing the Blues Read More »
On July 22, 2024, Bikers Against Drunk Drivers Inc. (“BADD”) was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do Not Call (“DNC”) compliance provisions of the Telephone Consumer Protection Act (“TCPA”). As our readers are aware, the TCPA was signed into law in 1991
Drunk Driving Nonprofit Faces Do Not Call (“DNC”) Compliance Class Action Read More »
A Pennsylvania federal court recently granted a retailer’s motion to dismiss claims that its use of “spy pixels” in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, Inc., No. 2:23-cv-04891 (E.D. Pa. Jul. 17, 2024), Plaintiff alleged that Defendant employed “spy pixels,” which, among other things, allegedly recorded where and when consumers
E-Mail Wiretap Case Dismissed Read More »
With the use of artificial intelligence (“AI”) becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. As our readers are aware, earlier this year, the FCC made clear in a Declaratory Ruling that telemarketing calls employing AI technology are subject to
FCC Proposal Regarding Use of AI in Telemarketing Read More »