Updated February 10, 2021. Each year, litigation related to the accessibility of websites for people with disabilities continues to increase. Most jurisdictions have determined that websites are places of public accommodation that are subject to the Americans with Disabilities Act (“ADA”). Unfortunately, for some time, the Department of Justice (“DOJ”), tasked with ADA regulation and […]
New ADA Website Legislation Introduced Read More »
On October 12, 2020, the California Department of Justice released a third set of proposed modifications to the California Consumer Privacy Act (“CCPA”) regulations. The CCPA regulations had been approved by the California Office of Administrative Law (“OAL”) and made effective on August 14, 2020. This third set of modifications provides additional clarification on: 1)
CCPA Opt-Out Changed? Read More »
In a landmark decision that could have widespread and significant implications, the United States District Court for the Eastern District of Louisiana has ruled that the Telephone Consumer Protection Act (“TCPA”) was unconstitutional from 2015 to 2020. In doing so, the Court vacated claims that TCPA law had been violated in connection with calls received
TCPA Law Ruled Unconstitutional Read More »
On September 25, 2020, California Governor Gavin Newsom signed AB 713 (the “Amendment”) into law, amending the California Consumer Privacy Act (“CCPA”) to implement exceptions related to consumer health data. Specifically, the CCPA amendment addresses inconsistencies between data protection afforded under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the CCPA, respectively.
CCPA Amendment Passes, Creating New HIPAA-related Exceptions Read More »
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.
Consent To Call? Internet Leads and the Telephone Consumer Protection Act Read More »
On October 16, 2013, new FCC regulations will go into effect that introduce the requirement of prior express written consent for certain types of commercial phone calls and text messages to consumers. Among other things, the new rules require that marketers have prior express written consent to autodial or send pre-recorded messages to cell phones.
Protect Yourself From TCPA Litigation Read More »
The Federal Communications Commission (“FCC”) recently issued a declaratory ruling providing clarity on the scope of liability for fax advertisers under the Telephone Consumer Protection Act (“TCPA”). The FCC’s TCPA fax ruling responds to broad concerns that advertisers unjustly assume the liability for fax broadcasters that exceed the parameters of the terms of their marketing agreements. The
FCC Clarifies Scope of TCPA Fax Liability Read More »
On August 14, 2020, the Office of Administrative Law (“OAL”) approved the California Department of Justice’s final California Consumer Privacy Act (“CCPA”) regulations and filed them with the California Secretary of State. Prior to approval, some businesses were uncertain as to whether the $25 million revenue threshold was related to revenue generated only from California
Clarifying the $25 Million Threshold in the Final CCPA Regulations Read More »