Readers of this blog may recall a piece in which we discussed a New Jersey State law known as Daniel’s Law and Atlas Data Privacy Corporation (“Atlas Data”), a consumer data protection company. Shortly after Daniel’s Law was amended in July 2023, Atlas Data filed hundreds of lawsuits against various companies on behalf of thousands […]
Daniel’s Law Is Constitutional, Judge Rules Read More »
As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call (“DNC”) regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand letters. The DNC registry was enacted by the Federal Trade Commission (“FTC”), with the help of the Federal Communications Commission (“FCC”), under
DNC Demand Letters Are a Serious Matter Read More »
The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act (“TCPA”) was amended to require “prior express written consent” to deliver certain telemarketing calls to consumers. Enter TCPA One-to-One Consent. On January 27, 2025,
TCPA One-to-One Consent – Are You Ready?! Read More »
As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing an end, now is a good time to discuss CMS’ upcoming proposed marketing rule changes (the “Rule”) that will be effective by the time next year’s open enrollment period rolls
Upcoming CMS Marketing Rule Changes Read More »
Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of the California Invasion of Privacy Act (“CIPA”). Below, we discuss a recent decision in which a California federal court dealt
Major CIPA Victory! Read More »
The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws and state common law interpretations of existing gambling and lottery laws pave the way forward for the continued expansion of the fantasy sports industry. In
A Fantasy Sports Opinion Letter is a Necessity Read More »
Earlier this year, Coinbase ran a Bitcoin sweepstakes promotion offering the chance to win one of six prizes, with the top two prizes amounting to the equivalent of $1,000 USD in Bitcoin (along with merchandise and event tickets). Note that our office has not reviewed the Official Rules for Coinbase’s Bitcoin sweepstakes and, as such,
Is a Bitcoin Sweepstakes Promotion Legal? Read More »
As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other things, certain consumer data broker registration requirements. The Agency is responsible for enforcing the Delete Act and, as discussed below, is now actively pursuing
Make Sure That You Comply With Data Broker Registration Laws! Read More »