In Newell v. JR Capital, LLC, a Pennsylvania federal court recently considered, among other things, whether the Telephone Consumer Protection Act’s (“TCPA”) caller identification (“Caller ID”) requirements apply to text messages. Below, we discuss the decision in detail and its implications for telemarketers. Private Right of Action for Failing to Comply With Caller ID Requirements […]
Caller ID and Text Messages Read More »
Last month, Hallyu Korean BBQ (“Defendant”) was named as a defendant in an internet accessibility lawsuit in the United States District Court for the Southern District of Florida. Plaintiff, who is blind, alleged that Defendant violated the Americans with Disabilities Act (“ADA”) because its website contained barriers to access for visually impaired individuals. As our
High Steaks Affairs: Internet Accessibility Lawsuits on the Rise Read More »
In line with the Federal Communications Commission’s (“FCC”) initiative to eliminate unnecessary rules, the FCC recently rendered its one-to-one Telephone Consumer Protection Act (“TCPA”) consent rule (“TCPA Rule”) dead by “deleting” it from its regulations. Earlier this year, readers may recall that a federal court ordered that the TCPA Rule be vacated. Now, the FCC
FCC Deletes Deletes Deletes One-To-One Consent TCPA Rule Read More »
On July 10, 2025, the Connecticut Department of Consumer Protection (“DCP”) announced that it had reached a settlement with DraftKings following a gaming advertising-related investigation. Without admitting fault, DraftKings agreed to return over $3M to Connecticut consumers who signed up as a result of promotions advertising a “50% Casino Deposit Match” or “Casino Deposit Bonus.”
Not Worth the Gamble: Major Deceptive Gaming Advertising Settlement Announced Read More »
Readers of this blog may recall a piece in which we discussed an unfavorable Ninth Circuit California Invasion of Privacy Act (“CIPA”) internet wiretapping decision. Interestingly, the Ninth Circuit recently weighed in again on similar internet wiretapping claims, and this time, it reached a very different outcome. Below, we discuss the decision’s impact and its
Ninth Circuit Judge Questions Continued Viability of Internet Wiretapping Claims Read More »
Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it relates to the Telephone Consumer Protection Act (“TCPA”). In the wake of the United States Supreme Court’s decision in Loper Bright, which
TCPA Quiet Hours Telemarketing and Consent Read More »
On June 23, 2025, Nip & Tuck Plastic Surgery, LLC (“Defendant”) was sued in the Northern District of Georgia for allegedly violating the Do Not Call (“DNC”) provisions of the Telephone Consumer Protection Act (“TCPA”). DNC compliance means that, in general, companies cannot place telemarketing calls to consumers who have registered their telephone numbers on
TCPA Compliance is Essential! Give Your Practices and Procedures a Facelift Read More »
Readers of this blog are not strangers to Daniel’s Law lawsuits filed by Atlas Data Privacy Corporation (“Atlas”). While waiting for the Third Circuit Court of Appeals to decide whether Daniel’s Law is constitutional, a New Jersey federal court recently denied a motion to dismiss a Daniel’s Law lawsuit filed by Atlas against several companies
Recent Daniel’s Law Lawsuit Read More »