It has been about one year and eight months since the United States Supreme Court released its landmark decision in Facebook v. Duguid. Since then, numerous courts have incorporated Facebook into their opinions, with variations in their interpretations. For many plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook decision has provided them […]
Facebook has updated and is now enforcing their gambling and gaming service marketing policy. In order to feature ads that promote online gambling and gaming, advertisers now need to request prior written permission from Meta to do so. The request must include evidence that the subject gambling and/or gaming activities are duly licensed by regulators
Facebook Sets Restrictions on Online Gambling Ads Read More »
Historically, companies have used sweepstakes and contests to market their products and services. It is undeniable that these tools attract new customers and help to retain existing ones. The basis for such promotions certainly appeals to many consumers: the chance to win something. But did you know that there are significant differences between the two
Take Your Marketing up a Notch With a Sweepstakes or Contest! Read More »
Website operators are at a pivotal moment in history when it comes to consumer data privacy. Although this sounds a bit ominous, we cannot emphasize this point enough: companies that conduct business online must seriously consider the wave of new state privacy laws that will go into effect in 2023. The various laws, which we
State Privacy Laws in 2023: Are Your Privacy Practices Compliant? Read More »
By David Klein and Julie Klein. November 10, 2022 A typical visit to virtually any website, retail or otherwise, automatically prompts a mini pop-up query in the form of a chatbot or similar technology. Users are invited to engage with the chatbot to submit questions, navigate the ordering process and conduct any number of other
Law360 – Why Website Operators Must Beware of Tracking Tech Missteps Read More »
On November 1, 2022, Oklahoma’s Telephone Solicitation Act (“OTSA”) took effect. Following a trend set by Florida, Oklahoma decided to enact its own rules to regulate intrastate telemarketing communications. Oklahoma’s regulations are the latest to take effect in a line of Mini-TCPA laws. These regulations have been coined Mini-TCPAs because they are the state equivalents
Oklahoma’s New Telemarketing Law Goes into Effect, Joining Other States with Mini-TCPAs Read More »
A small handful of states have enacted their take on the Federal Telephone Consumer Protection Act (“TCPA”), prohibiting the use of automated telephone sales calls without prior express written consent. These laws are designed to protect consumers from receiving unauthorized and unwanted telemarketing calls. Oklahoma recently passed such legislation, the OTSA, which is based in
WHAT IS A TCPA SERIAL LITIGANT? Also known as repeat plaintiffs, these are individuals who have filed numerous lawsuits alleging violations of the Telephone Consumer Protection Act (‘TCPA”). They are located all across the country and sue in both state and federal courts. These parties are often self-proclaimed TCPA serial litigants and do not shy
Beware of TCPA Serial Litigants Read More »