With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying with the Telephone Consumer Protection Act (“TCPA”) and other applicable federal and state regulations, marketers (or Third-Party Marketing Organizations […]
CMS Marketing and Personal Beneficiary Information Read More »
Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have an incentive to offer prizes of significant value. However, business should remain mindful that certain state law requirements may be triggered where prize
Sweepstakes Registration and Bonding Requirements Read More »
The surge in consumer privacy claims alleging that the use of third-party tracking technology on websites violates the California Invasion of Privacy Act (“CIPA”) is a topic with which our readers are very familiar. Now, the plaintiffs’ bar has transitioned to email just as marketers are pivoting from telemarketing back to the relatively safer haven
CIPA Email Private Right of Action Cases on the Rise Read More »
Governor Gavin Newsome signed AB2863 into law on September 24, 2024, amending California’s automatic renewal law – making it the most stringent state measure in the United States. As businesses that operate online are aware, California is one of the most aggressive when it comes to consumer protection in the realm of e-Commerce. Note that
California Sets Standard with Automatic Renewal Law Amendments Read More »
Readers of this blog may recall a prior piece in which we discussed the return of email marketing in the wake of intense regulatory action in the telemarketing space. However, because of Section 17529.5 of the California Business and Professions Code (“CBPC”), companies must be cautious when emailing to California State residents, especially with private
Private Right of Action for California Email Statute Violations Read More »
On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in Watson v. Manhattan Luxury Vehicles, Inc. Plaintiffs sued Manhattan Luxury Vehicles (“Defendant”) for allegedly violating the Automatic Telephone Dialing System (“ATDS”) and Do Not Call
Court Rules TCPA Consent Cannot be Transferred Read More »
Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect – requiring Third Party Marketing Organizations (“TPMOs”) who engage in Medicare-related marketing to obtain one-to-one consent to telemarket to consumers. Following the Federal Communications Commission’s (“FCC”) rulemaking on one-to-one consent, the
Medicare One-to-One Consent Rules Go Into Effect October 1! Read More »
Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these lawsuits are concentrated in jurisdictions that have enacted broad wiretapping statutes. One such jurisdiction is Pennsylvania, with a statute known as the
Favorable Pennsylvania Wiretap Decision Read More »