We all know that consumers use the Internet to conduct comparison shopping for a variety of products and services. Consumers want to get a combination of the best price and service for their money. This is especially true in the mortgage lending industry, where most people will be saddled with a home loan debt for decades. The best […]
CFPB Issues Advisory Opinion on Comparison-Shopping Marketing Read More »
On July 1, 2021, Florida’s Telephone Solicitation Act (“FTSA”) took effect. Recognizing the prevalence of telemarketing in the state, Florida decided to update its telemarketing laws to regulate intrastate communications in a more restrictive manner than that of the Telephone Consumer Protection Act (“TCPA”). The TCPA is a federal statute designed to protect consumer privacy
What is the Florida TCPA? Read More »
The Southern District Court of New York recently rendered a decision in a widely-followed trademark infringement case. The dispute involved Plaintiff, Hermès International, designer and purveyor of the luxury Birkin handbag, and Defendant-artist, Mason Rothschild, creator and seller of non-fungible tokens (“NFTs”) depicting “MetaBirkins” or “fur-covered” Birkin handbags. In this case, a federal jury determined
New York Court Decides NFT Trademark Fair Use Case Read More »
On February 3, 2023, the California Privacy Protection Agency Board (“Board”) voted unanimously to approve and adopt the Agency’s California Privacy Rights Act (“CPRA”) rulemaking package. This regulatory package includes a Final Statement of Reasons, a redlined document encapsulating the Final Regulations, as well as two documents containing a summary and responses to comments on
Update on the CPRA Regulations Read More »
What is more enticing than the opportunity to win something? An increasing number of companies are betting that consumers will be drawn by the chance to win exciting prizes. With this in mind, many businesses have discovered effective ways to increase awareness of their brands through the use of sweepstakes and other promotions. Before deciding
What’s the Difference Between a Raffle and a Sweepstakes? Read More »
On January 19, 2023, the Third Circuit Court of Appeals held that a fax containing information on an upcoming free-seminar was not an unsolicited advertisement for purposes of the Telephone Consumer Protection Act (“TCPA”). As readers of this blog know, this is not the first time that the Third Circuit has issued a ruling on
No Liability for Free-Seminar Fax Under the TCPA Read More »
More and more businesses are engaging potential customers via telemarketing. With this comes the growing risk of contacting consumers who have not provided proper TCPA consent. The Telephone Consumer Protection Act (“TCPA”) protects consumers against the receipt of certain unsolicited telemarketing calls and text messages. A business that violates TCPA regulations faces fines of up
A Primer on TCPA Consent Language Read More »
A handful of states are cracking down on the use of consumer personal data by creating and enforcing strict data privacy laws. The most recent action concerns privacy laws in the State of Colorado. For some months now, the State has been working to produce draft rules governing the collection, use, and dissemination of consumer
More Revisions to the Draft Rules of the Colorado Privacy Act Read More »