On May 4, 2023, the Florida State legislature passed the Florida Digital Bill of Rights (“SB 262”). If Governor DeSantis signs SB 262 into law, as expected, Florida will become the ninth state of the Union to enact its own comprehensive consumer privacy law. As our readership knows, the California Consumer Privacy Act of 2018 […]
Newly-Passed Florida Privacy Law Bill Read More »
On May 3, 2023, Maryland Governor, Wes Moore, signed SB 90 into law. In enacting the Stop the Spam Calls Act of 2023 (“mini-TCPA”), Maryland is the latest state to enact its own mini–Telephone Consumer Protection Act (“TCPA”) statute. Maryland’s telemarketing law is set to take effect on January 1, 2024. While Florida, Oklahoma, and
Maryland’s New Telemarketing Law Read More »
On May 3, 2023, the Florida Senate passed House Bill 761 (“HB 761”). As our readership is aware, the Florida House of Representatives previously passed HB 761 to address the proliferation of claims filed under Florida’s Telephone Solicitation Act (“FTSA”). The FTSA was originally designed to address the rise in intrastate telemarketing. However, the FTSA ended up being more restrictive than the statute it was modeled after – the Telephone Consumer Protection Act (“TCPA”). As a result,
Florida Senate Approves Florida Telemarketing Law Amendment Read More »
Consumers often complain about being on the receiving end of telemarketing calls and/or text messages. However, what they do not mention in their complaints the critical fact that they are only on the receiving end of such calls and text messages because they willingly and voluntarily provided consent to receive them in accordance with the Telephone Consumer Protection Act (“TCPA”). The following are common complaints alleged by plaintiffs in TCPA
Telemarketing Consent Invalidates TCPA Complaints Read More »
We write to update an earlier blog on Twitter’s move to allow cannabis advertising on its social media platform. Back in February of this year, Twitter made a bold, unprecedented, move to allow cannabis advertising. Twitter was the first major social media company to permit such marketing. Just a couple of months later, in an
Twitter Eases its Cannabis Advertising Rules Read More »
The Federal Trade Commission (“FTC”) recently announced that it would issue 41,934 checks, totaling more than $1.1 million, to consumers in connection with a free trial marketing campaign investigation. In August 2017, defendants were sued following an investigation by the FTC. The suit alleged that defendants “used deceptive claims, hidden disclosures, and confusing terms to
FTC Issues Refund Checks to Trial Marketing Offer Customers Read More »
In a recent press release, New Jersey Attorney General Matthew J. Platkin, and Division of Gaming Enforcement (“DGE”) Director David Rebuck, announced several new initiatives to strengthen New Jersey’s responsible gambling protocols. In addition to creating a new position dedicated to responsible gaming, the effort establishes new industry advertising standards, among other things. These new
“Best Practices” Announced for New Jersey Gambling Marketing Campaigns Read More »
On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Enacting the FTSA was Florida’s attempt to address the rise in intrastate telemarketing. Whether intended or not, the FTSA ended up being more restrictive than the statute it was modeled after – the Telephone Consumer Protection Act (“TCPA”). As our readers know, The TCPA
Florida Legislature to Amend FTSA Law? Read More »