For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites are inaccessible to the visually or hearing impaired. It is well-settled in the Third Circuit, of which the WDPA is a part, that a “place […]
ADA Compliance and Retail Websites Read More »
Last month, in Woodard v. Health Insurance Alliance (“HIA”), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing Plaintiff’s Telephone Consumer Protection Act (“TCPA”) complaint for failure to state a claim. Plaintiff sued HIA for allegedly calling her twice without consent. In her
Carefully Examine those TCPA Complaints! Read More »
Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act (“CIPA”). Emboldened by a federal court decision denying a company’s motion to dismiss, the Plaintiffs’ Bar is targeting
Contradictory CIPA Pen Register Decisions Create Uncertainty Read More »
In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was enacted, in part, to regulate automatic renewal plans, free to pay conversions, and continuity billing. Some of the recently
States Revisit Their Continuity Billing Laws Read More »
On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction treatment services, offering its clients access to online support groups, community forums, online therapy, and physician access. The Complaint, filed by the United States
FTC Health Data Privacy Crackdown Continues Read More »
Bipartisan Federal Privacy Bill Introduced Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its predecessor, the American Data Privacy and Protection Act (“ADPPA”), stalled out. The bill would, if
New Federal Privacy Bill Gains Momentum Read More »
Readers of our blog may recall a recent article in which we discussed two Florida class action lawsuits that significantly limited telemarketing companies’ exposure in cases alleging violations of the Florida Telephone Solicitation Act (“FTSA”). Our readers likely are familiar with the common defenses available to companies facing FTSA class action claims, such as prior
On April 4, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a report (the “Report”) examining the potential risk to consumer assets and data in the online video game and virtual world spaces. The CFPB gaming Report was preliminary in nature, but highlighted three specific trends and risks. The release of the CFPB gaming Report
CFPB Targeting Gaming Industry? Read More »