After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds previously unavailable. In the wake of McKesson, federal district courts now can independently evaluate TCPA claims without deferring to interpretations or guidance issued by […]
It’s A Brave New World for TCPA Claims Read More »
As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate websites which utilize third-party tracking technology, including TikTok pixels. Plaintiff’s typically allege that use of pixel technology constitutes an unlawful wiretap or “trap and trace device” under CIPA. Over the past months, several newly-rendered decisions signal that courts may no longer entertain CIPA claims if they involve the use of pixel tracking technology. What Are
TikTok Pixel CIPA Claims Are Running on Borrowed Time Read More »
On October 24 2025, the United States District Court for the Middle District of Florida issued another favorable decision for companies contesting National Do Not Call (“DNC”) claims. In El Sayed v. Naturopathica Holistic Health, Inc., Plaintiff received several unwanted messages from Defendant, despite the fact her number was listed on the National DNC registry.
Court Rules That Text Messages Are Not Calls for TCPA DNC Purposes Read More »
As readers of this blog know, companies continue to be targeted in lawsuits asserting California Invasion of Privacy Act (“CIPA”) tracking claims. The fact that California courts have struggled to determine whether CIPA applies to internet communications has only emboldened the plaintiffs’ bar to continue filing these CIPA tracking lawsuits. More recently, CIPA tracking claims
Evolution of CIPA Tracking Claims Read More »
In a recent piece about New Jersey’s (“NJ”) Daniel’s Law, we discussed an order issued by the United States Court of Appeals for the Third Circuit (“Third Circuit”) requesting that NJ’s highest court consider two questions prior to the Third Circuit determining whether NJ’s Daniel’s Law is constitutional. A little over a month after the
State Supreme Court to Weigh In on NJ Daniel’s Law Read More »
In a recent piece, we discussed a draft Notice of Proposed Rulemaking (“NPRM”) from the Federal Communications Commission (“FCC”) that could drastically alter the telemarketing law landscape. Within that same NPRM, the FCC also proposes modifying a Telephone Consumer Protection Act (“TCPA”) regulation relating to telemarketing consent revocation. Below, we discuss two key NPRM proposals
Telemarketing Consent Revocation Rule News Read More »
Similar to New Jersey’s Daniel’s Law (“NJ Daniel’s Law”), Pennsylvania House Representatives recently passed a bill (“PA Daniel’s Law” or the “Bill”) aimed at protecting certain public officials. Much like NJ Daniel’s Law, the proposed PA Daniel’s Law seeks to prevent data brokers from disseminating the personal information of judges and other public officials, as
PA Daniel’s Law Bill Narrowly Passes Read More »
On October 8, 2025, the Federal Communications Commission (“FCC”) released a draft Notice of Proposed Rulemaking (“NPRM”) that, if adopted, could restructure the landscape of telemarketing law. The NPRM appears to continue the FCC’s efforts to reduce compliance obligations for law-abiding telemarketers. Among several key proposals related to the Telephone Consumer Protection Act (“TCPA”), is
Cancelled?! – FCC Announces Major Internal DNC Rule Change! Read More »