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California Privacy Regulations to be Enforced Immediately!

On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency (“CPPA”) could immediately begin enforcing the current version of the California Consumer Privacy Act (“CCPA”). As our readers are aware, the CCPA went into effect on January 1, 2022, with the aim of

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FCC Clarifies AI Call TCPA Legality

On February 8, 2024, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling clarifying that telemarketing calls utilizing AI are regulated by the Telephone Consumer Protection Act (“TCPA”) and its implementing rules. The FCC enacted the TCPA over thirty years ago to protect consumers from invasive telemarketing practices. Recognizing the threat that emerging AI technologies

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FCC Chairwoman Proposes AI Telemarketing Restrictions

On January 31, 2024, Federal Communications Commission (“FCC”) Chairwoman Jessica Rosenworcel released a statement proposing that the FCC impose blanket restrictions on the use of artificial intelligence (“AI”) in telemarketing. Chairwoman Rosenworcel suggested that the FCC issue a Declaratory Ruling making clear that AI-generated voices are “artificial.” If deemed artificial, AI telemarketing calls, would then

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Not All Telemarketing Calls Are Unsolicited!!

On January 30, 2024, AT&T announced a new feature aimed at reducing the number of unsolicited telemarketing calls delivered to its subscribers. AT&T is teaming up with TransUnion, a credit reporting company, to roll out this new feature. To participate, businesses must sign up for TruContact Branded Call Display (“TBCD”) through TransUnion. Following sign-up, all

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Use of Pen Registers Is Focus of Recent Consumer Privacy Claims

As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that allegedly track website user activity in violation of the California Invasion of Privacy Act (“CIPA”). Violations of this

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Recent FTSA Amendment Court Decisions Are Wins For Business

As readers of our blog know, the Florida Telephone Solicitation Act (“FTSA”) (Florida’s state law version of the Telephone Consumer Protection Act (“TCPA”)) was amended in May 2023. While the FTSA amendments narrowed the FTSA’s scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit

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