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Back to the Future – CIPA Wiretap Case Survives Dismissal

Blog, Data & Privacy Law /

Readers of this blog are familiar with the California Invasion of Privacy Act (“CIPA”), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State federal court recently denied a motion to dismiss a putative class action alleging that defendant violated CIPA by wiretapping plaintiff’s conversations with a third-party. Below, […]

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Buy Me Some Peanuts, Cracker Jack, and a TCPA Lawsuit

Blog, Telemarketing Law /

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in Lateano v. Chicago Cubs Baseball Cub, LLC. In his Telephone Consumer Protection Act (“TCPA”) lawsuit, Plaintiff alleged that he continued to receive promotional text messages

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As Online Sports Betting Proliferates, Authorities Tighten the Screws on Gambling Advertising

Blog, Online Gambling Law /

On May 14, 2018, the United States Supreme Court decided the pivotal matter of Murphy v. National Collegiate Athletic Assoc., repealing the Professional and Amateur Sports Protection Act of 1992. The decision cleared the way for legalized sports betting across the United States and created an associated need for gambling advertising. In the years since

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Third-Party Pixel Tracking Technology Liability 

Blog, Internet Law /

Recently, companies have found themselves defending allegations that the use of third-party pixel tracking technology on their websites violates state consumer privacy laws. Fortunately, these claims do not always survive the dismissal stage of litigation proceedings. In Nienaber v. Overlake Hosp. Med. Ctr., 2024 WL 2133709 (W.D. Wsh. May 13, 2024), plaintiff alleged that defendant,

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How to Challenge TCPA Class Action Certification

Blog, Telemarketing Law /

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC  (“Sharman”), Plaintiff sought to certify a

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FTSA Lawsuit Update

Blog, Telemarketing Law /

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act (“FTSA”) lawsuit pending in the United States District Court for the Middle District of Florida. In Morris v. Lincare, Inc., Defendant moved to dismiss Plaintiff’s FTSA lawsuit on the grounds that Plaintiff failed to plead actual damages

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Third Circuit Clarifies TCPA ATDS Liability

Blog, Telemarketing Law /

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme Court’s landmark decision in Facebook v. Duguid. As our readers are aware, the TCPA was enacted to restrict certain telemarketing practices, including

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