Across the country, several states, namely California, Colorado, Connecticut, Utah, and Virginia, have enacted extensive data privacy laws restricting the ways in which companies may collect, use and share consumer personal information without legal repercussions. In the digital marketing space, companies are required to operate their businesses within the confines of applicable state data privacy […]
New FTC Data Privacy Laws? Read More »
A Washington State District Court has denied Robinhood Financial LLC’s (“Robinhood”) motion to dismiss a class action text lawsuit. Robinhood, a cellphone-based brokerage application, became a household name in early 2021, as a result of the small retail investor movement. One method that Robinhood uses to acquire new users is by encouraging existing users to
The Pursuit of Robinhood Continues as Court Keeps Text Lawsuit Alive Read More »
It turns out that NFT minted art, typically comprised of one’s own or a third party’s intellectual property, could be fairly easy to steal. Take, for example, the recent theft of NFTs from the Goblin Asses collection. The stolen NFTs are part of a larger group of images, known as Goblin Ass Town. They are
NFTs and Intellectual Property: Beware of Theft! Read More »
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination on the basis of a disability “in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation.” Whether a website constitutes a “place of public accommodation” under the ADA has generated a great deal of
California Rules that Websites are Not Places of Public Accommodation under the ADA Read More »
Now that the Office of Cannabis Management has filed regulations for the Conditional Adult-Use Retail Dispensary (CAURD) License, these licensees are positioned to make New York’s first legal cannabis sales before the end of 2022. Once sales are legal, many companies will be pursuing marijuana marketing and advertising, in accordance with any applicable regulations. But just what
A Bumpy Ride for the Future of Cannabis Ads on Radio and TV Read More »
As telemarketing litigation under the Telephone Consumer Protection Act (“TCPA”) continues to evolve (and, in some ways, narrow), more plaintiffs are relying on theories of liability that stretch the meaning of the law. Consider one of the latest arguments: sending unsolicited text messages violates the TCPA’s prohibition on sending messages containing prerecorded voices. One plaintiff
Did this Fresh Subway TCPA Litigation Decision Refresh a New Type of Claim? Read More »
Running a successful sweepstakes contest is a proven, effective way to expand and retain your customer base. In order for the contest to be successful, the entire promotion must be prepared and executed according to applicable regulations, down to the issuing of prizes. Failing to adhere to sweepstakes laws will serve to invalidate the contest
FTC Returning Almost $25 Million to Consumers for Sweepstakes Law Violations Read More »
One under-utilized defense to Telephone Consumer Protection Act (TCPA) claims is reliance on the lead generator’s website Terms and Conditions. In particular, most website Terms include (or should include) a mandatory arbitration clause with a class action waiver, useful protections against a potentially devastating TCPA lawsuit. But the process for obtaining agreement to the Terms
New TCPA Arbitration Decision Provides Roadmap to Enforcement Read More »