The United States Supreme Court (“SCOTUS”) has been asked to revisit its landmark TCPA autodialer ruling from 2021. Following a victory by Reward Zone USA, LLC at the Ninth Circuit Court of Appeals, Lucine Trim recently filed a petition for a writ of certiorari arguing that courts have been misinterpreting and misapplying the SCOTUS-refined ATDS […]
TCPA Autodialer Definition to be Expanded by SCOTUS? Read More »
On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. Suski. Before the Court is the issue of whether silence as to arbitration in Coinbase’s Sweepstakes Contest Rules affects the arbitration clause contained in its User Agreement. In general, companies prefer to arbitrate consumer complaints because it
SCOTUS to Decide Whether Coinbase Sweepstakes Matter Goes to Arbitration Read More »
On October 25, 2023, the United States Court of Appeals for the Ninth Circuit issued its decision in True Health Chiropractic, Inc. v. McKesson Corp., finding that the lower court: 1) had correctly determined that Defendants violated the TCPA’s junk fax prohibition; 2) had properly decertified the proposed class; and 3) did not abuse its
Class Decertification Upheld in Appeal of TCPA Fax Lawsuit Read More »
On October 24, 2023, the Subcommittee on Communications, Media and Broadband, held a hearing titled “Protecting Americans from Robocalls.” The Senators from the Subcommittee questioned business representatives and consumers alike concerning the impact of receiving unwanted telemarketing calls. It was made clear at the hearing that the Federal Communications Commission (“FCC”) and the Department of
AI and TCPA Litigation Read More »
On October 11, 2023, the United States District Court for the Western District of Washington issued a noteworthy decision discussing prerecorded calls in the context of treble damages and injunctive relief. In Blair v. Assurance IQ, LLC, the Court denied Defendant’s Motion to Dismiss, in part, finding that Plaintiff had sufficiently plead Defendant’s delivery of
Prerecorded Calls Do Not Entitle Plaintiffs to Treble Damages or Injunctive Relief Read More »
As Halloween approaches, so does the kick-off to the official holiday season. During this time of celebration, companies double-down with exciting sales, promotions and sweepstakes. One such business is Reese’s, owned by The Hershey Company. Unfortunately, Reese’s may find itself on the receiving end of regulatory action and/or a consumer lawsuit, as it appears that
Reese’s Potential Sweepstakes Law Violation Read More »
As our readers are aware, on September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois granted the Federal Trade Commission (“FTC’) partial summary judgment in its telemarketing lawsuit against Day Pacer LLC and associated defendants (collectively “Day Pacer”). FTC v. Day Pacer LLC, et al., filed in 2019, is part of
FTC Telemarketing Decision Highlights Crackdown on Consent Farming Read More »
On October 3, 2023, Google LLC (“Google”), a multinational technology company, announced that it was implementing new restrictions to further prevent the delivery of unsolicited email marketing to its users. Please note that this is an internal policy change, one that is unrelated to email marketing law regulations. The changes are set to take effect
Email Marketing Law and Google’s New Email Delivery Restrictions Read More »