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TCPA Fax Liability: What's your motivation?
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TCPA Fax Liability: What’s Your Motivation?

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,

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TCPA Vicarious Liability: It is About Control

Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act (“TCPA”) claims against a Florida-based cruise ship company. The Court based its decision on the plaintiff’s failure to prove that the cruise ship company either sent the allegedly offending text messages itself or had an agent send them on

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Maryland First State to Adopt Digital Ad Tax KMT
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Maryland First State to Adopt Digital Ad Tax

Maryland has become the first state in the country to pass legislation that will impose a tax on revenue from online ads. The bill, titled Taxation – Tobacco Tax, Sales and Use Tax, and Digital Advertising Gross Revenues Tax (the “Ad Tax”), originally passed by the Maryland General Assembly on

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David Klein for Inman.com: How ShowingTime's Privacy Policy Ties Zillow's Hands
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How ShowingTime’s Privacy Policy Ties Zillow’s Hands

Written by Patrick Kearns for Inman.com February 16, 2021 In the wake of Zillow’s acquisition of ShowingTime, real estate agents who used the platform were concerned about data. The fear expressed was that data from their clients, data regarding showings, is now sitting in the hands of a company it sometimes considers a competitor. 

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Virginia Privacy Law
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New Virginia Privacy Law Coming Soon

Both houses of the General Assembly of Virginia recently passed versions of the Consumer Data Privacy Act (“CDPA” or “Virginia Privacy Law”). Both the House Bill and Senate Bill would impose strict new requirements on businesses that share the personal information of Virginia State residents. Although Virginia is one of

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FCC TCPA clinical trial ruling
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FCC TCPA Ruling Exempts Certain Clinical Trial Calls

In a January 15, 2021 ruling, the Federal Communications Commission (“FCC”) exempted certain telephone calls from the Telephone Consumer Protection Act (“TCPA”) ban on artificial or pre-recorded calls to residential lines.  Acurian, Inc., a company that recruits participants for clinical trials, petitioned for the TCPA exemption, arguing that the calls

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WCAG compliance website accessibility
Blog

W3C Unveils New WCAG Compliance Rules

On January 21, 2021, the World Wide Web Consortium (“W3C”) released the First Public Working Draft of its new Web Content Accessibility Guidelines (“WCAG”), which it has named WCAG 3.0. The release of the First Public Working Draft is only the first step in a long process towards finalizing new

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Trademark Dispute
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Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark

On February 1, 2021, Pop Warner Little Scholars, Inc. (“PWLS”) and Pop Warner Authentic, Inc. (“PWA”) (collectively, “Pop Warner”) filed a complaint for trademark infringement against Hanesbrands, Inc. (“Hanes”) in the United States District Court for the Central District of California. Pop Warner is seeking injunctive relief and damages stemming

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