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TCPA Standing- KMT tcpa defense attorneys

Be Specific: TCPA Standing in the Eleventh Circuit

Federal courts are courts of limited jurisdiction, meaning that those courts have more stringent rules for plaintiffs to follow in order to get in the door and stay there. One critical element is the plaintiff’s standing – specifically, whether the plaintiff suffered harm resulting from the defendant’s conduct. The Eleventh Circuit (federal courts in Florida, …

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California Attorney General Announces New CCPA Changes

California Attorney General Announces New CCPA Changes

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 …

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prop 65 warning

California Prop 65 Warning to be Amended?

On January 8, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed to amend the Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (“Prop 65”). In 2016, OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations, providing manufacturers with a “short-form” warning alternative that did not …

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FTC CBD marketing

Six Companies Settle FTC CBD Marketing Regulation Violations

On December 17, 2020, the Federal Trade Commission (“FTC”) announced that it had concluded its first enforcement action against six cannabidiol (“CBD”) companies (the “Sellers”), stemming from allegations that the Sellers had deceptively advertised their CBD-based products. The FTC alleged that the Sellers made a wide range of claims, including that their CBD products could …

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CCPA Service Provider Requirements Clarified by California AG

October 24, 2019 Readers of this blog know that we have been analyzing both the draft California Consumer Privacy Act (“CCPA”) regulations and the California Attorney General’s associated effort to clarify and modify the CCPA before it takes effect on January 1, 2020. Today, we would like to address Section 999.314 of the proposed regulations, …

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USPS Introduces New CBD Mailing Policy

June 19, 2019 In March, we notified readers of a guidance letter that the United States Postal Service (“USPS”) had issued which addressed how cannabidiol (“CBD”) products may be sent via U.S. Mail. On June 6, 2019, the USPS provided more concrete guidance by revising Publication 52, Hazardous, Restricted, and Perishable Mail, to add CBD …

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Mastercard Free Trial Requirements

March 6, 2019  Last month, Mastercard Incorporated (“Mastercard”) announced an important change to its policies that will require merchants to provide specific automatic enrollment disclosures to consumers at the conclusion of all free-trial offers. The Mastercard free trial terms are intended to protect consumers from merchants that offer misleading “free to pay” conversions, continuity plans, …

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