
Data & Privacy Law Blogs


Use of Tracking Tools Requires Notice and Consent!

David O. Klein
David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.
Most Recent

VPPA Lawsuit Against Major Video Game Studio Dismissed
On April 2, 2025, the United States District Court for the Northern District of California granted Defendant’s Motion to Dismiss in Lakes et al. v.

Use of Tracking Tools Requires Notice and Consent!
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking

Pacific Trial Attorneys CIPA Demands
Readers of this blog know about the never-ending barrage of consumer privacy litigation commenced against online companies in connection with their collection of consumer data.

Is AI Calling Legal?
The Federal Communications Commission (“FCC” or “Commission”) continues to evaluate how artificial intelligence (“AI”) technology impacts the telemarketing industry. As our readers may recall, the

Daniel’s Law Update
Our readers may recall a prior piece in which we discussed a New Jersey federal district court (“District Court”) decision denying constitutionality-related challenges to a

Refer a Friend Promotions? Get Consent!
On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer

One-to-One Consent Rule Vacated: What Comes Next?
In a stunning, if not entirely unexpected development, the United States Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (“FCC”)

Can’t Teach An Old Dog New CIPA Claim Tricks
Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act (“CIPA”) claims against companies that use third-party tracking technology to collect consumer data on

Revisiting the Second Circuit’s ADA Lawsuit Standard
In June 2022, the United States Court of Appeals for the Second Circuit decided the matter of Calcano v. Swarvoski North America Ltd. In Calcano,

One-to-One Consent Rule Oral Argument Goes Well For Industry
The Federal Communications Commission’s (“FCC”) one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit

Daniel’s Law Is Constitutional, Judge Rules
Readers of this blog may recall a piece in which we discussed a New Jersey State law known as Daniel’s Law and Atlas Data Privacy

Upcoming CMS Marketing Rule Changes
As our readers know, the Centers for Medicare & Medicaid Services (“CMS”) prohibits certain marketing communications, materials, and activities. With Medicare’s open enrollment period nearing