Recently, a Telephone Consumer Protection Act (“TCPA”) case was filed against Sunflora, Inc. (“Sunflora”) in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the TCPA and Florida Telephone Solicitation Act (“FTSA”). The TCPA is a federal statute that restricts certain types of telemarketing communications. The FTSA, colloquially known as […]
TCPA Case Filings on the Rise! Read More »
Readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two recent decisions highlight an additional avenue of defense for companies facing potential TCPA liability. The question presented in each of these cases was whether certain
What Constitutes A TCPA Solicitation? Read More »
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand awareness through the allure of prizes. However, there are numerous regulatory considerations and social media network rules that apply to each aspect of this marketing approach,
How to Run A Social Media Sweepstakes Promotion Read More »
Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his
Be Aggressive in Defending TCPA Lawsuits! Read More »
By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the name and/or likeness of the winner. Putting a name and face to the winning entrant is an effective means of connecting with the public and
Sweepstakes Publicity Releases Read More »
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 »