Many of our clients inquire concerning how the Telephone Consumer Protection Act (“TCPA”) treats calls or texts that are placed/sent to the wrong number. This is particularly relevant in the case of class action litigation, begging the question: can a class of wrong-number call/text recipients get certified? A recent decision by a federal district court […]
TCPA Wrong Number Litigation: A Class Action Story Read More »
California Attorney General Xavier Becerra first announced changes to the California Consumer Privacy Act (“CCPA”), effective March 15, 2021. In August 2020, the Office of Administrative Law (“OAL”) approved the California Department of Justice’s final CCPA regulations. The March 15, 2021 CCPA changes attempt to strengthen and clarify the language set forth in the finalized
California Attorney General Announces New CCPA Changes Read More »
On February 21, 2019, Pennsylvania State University (the “Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”), seeking registration of: 1) the word mark PENNSTATE HEALTH; and 2) the words PENNSTATE HEALTH with a logo of a Nittany lion (the “Marks”). The Trademark Examining Attorney refused registration of the Marks,
Trademark Rights Law: Penn State Not Geographically Descriptive Read More »
On March 10th, Congresswoman Suzan DelBene (D-WA) introduced the Information Transparency and Personal Data Control Act (the “Act”). The Act is intended to create a federal privacy law: one national standard for consumer data privacy regulation, that would supersede a patchwork of (potentially) 50 state privacy laws. As we have previously blogged, Virginia recently passed
Federal Privacy Law: One National Standard Read More »
In a substantial development in the world of daily fantasy sports law, a behemoth in the industry, FanDuel, has been named in a multi-state class action lawsuit involving its online sportsbook platform. The lawsuit alleges various state consumer protection law violations which, the plaintiff claims, resulted in sports bettors being induced into risky wagers that
Daily Fantasy Sports Law News: Class Action Lawsuit Filed Against FanDuel Read More »
Recently, we wrote concerning six cannabidiol (“CBD”) companies (the “Sellers”) that had settled enforcement actions with the Federal Trade Commission (“FTC”). On March 5, 2021, following public comment, the FTC approved final administrative consent orders against the Sellers for engaging in deceptive CBD marketing practices. Although CBD was removed from the Controlled Substances Act (“CSA”)
UPDATE: FTC Deceptive CBD Advertising Consent Orders Approved Read More »
Recently, we blogged that both houses of the General Assembly of Virginia had voted to approve the Consumer Data Privacy Act (“CDPA” or “Virginia Privacy Law”). On March 2, 2021, Virginia Governor Ralph Northam signed the CDPA into law, becoming the second state in the nation (behind only California) to pass comprehensive consumer data privacy
UPDATE: Virginia Privacy Bill Signed into Law Read More »
Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act (“TCPA”) claims against an animal health and wellness company, Elanco Animal Health, Inc. (“Elanco”). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. (“AAH”) concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to
TCPA Fax Liability: What’s Your Motivation? Read More »
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