Domino Effect: Will SCOTUS Refusal to Hear ADA Website Case Yield Flood of Litigation?

Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law /

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”) […]

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Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR

Blog, Data & Privacy Law, Internet Law, Journal, Online Gambling Law, Online Marketing & Advertising Law /

October 4, 2019 On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”).  Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device

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NJ Dance Club Fights TCPA Text Message Lawsuit

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that

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California Fair Pay to Play Act and College Athlete Marketing

Blog, Journal, Online Gambling Law, Online Marketing & Advertising Law /

October 2, 2019 For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor

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FTC Calls for Public Comment on Negative Option Marketing

Blog, Data & Privacy Law, Internet Law, Journal, Online Marketing & Advertising Law, Telemarketing Law /

September 30, 2019 On September 25, 2019, the Federal Trade Commission (“FTC” or “Commission”) published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current “Rule Concerning the Use of Prenotification Negative Option Plans” (the “Negative Option Rule” or “Rule”). Negative option marketing, where a consumer’s silence constitutes

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Match.com’s Alleged Deceptive Marketing Practices Lead to Federal Action Under FTC Act/ROSCA

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September 27, 2019 On September 25, 2019, the Federal Trade Commission (“FTC”) filed a Complaint against Match Group Inc. (“Match Group”), parent company of Match.com, seeking a permanent injunction and civil penalties.  The FTC’s Complaint alleges that Match.com engaged in the use of deceptive marketing practices “to induce consumers to subscribe to Match.com and keep

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New Mobile Operating System Targets Unsolicited Telemarketing Calls   

Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

September 27, 2019 Apple Inc. has released a new operating system for its mobile devices that is likely to have a significant effect on the telemarketing industry.  Among the features included in the new operating system, iOS 13, is one that is intended to provide users with the ability to effectively eliminate their receipt of

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CCPA Amendments Provide Some Clarity

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law /

September 26, 2019 Readers of this blog have been following our updates on prospective amendments to the California Consumer Privacy Act (“CCPA”). Among other amendments, Assembly Bill No. 1355 (the “Bill”) was passed by the California State Legislature on September 13, 2019. This CCPA amendment, if signed into law by Governor Newsom, will, among other

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