Readers of our blog are well aware of the rash of recent lawsuits alleging that a company’s use of tracking software on its website constitutes a “pen register,” as defined under the California Invasion of Privacy Act (“CIPA”). Emboldened by a federal court decision denying a company’s motion to dismiss, the Plaintiffs’ Bar is targeting […]
Contradictory CIPA Pen Register Decisions Create Uncertainty Read More »
In the wake of increasing continuity billing practice complaints, the Federal Trade Commission (“FTC”) is again taking a hard look at the space. The FTC has once again reviewed its 1973 Negative Option Rule, which was enacted, in part, to regulate automatic renewal plans, free to pay conversions, and continuity billing. Some of the recently
States Revisit Their Continuity Billing Laws Read More »
As federal and state regulators continue to crack down on telemarketing and text message marketing, businesses are now transitioning back to email marketing to reduce Telephone Consumer Protection Act (“TCPA”) regulatory action and litigation risk. With this renewed reliance on email marketing, now is a good time for a refresher course on compliance with the
Email Marketing Is Back! Read More »
On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency (“CPPA”) could immediately begin enforcing the current version of the California Consumer Privacy Act (“CCPA”). As our readers are aware, the CCPA went into effect on January 1, 2022, with the aim of
California Privacy Regulations to be Enforced Immediately! Read More »
Most consumers like a bargain. Businesses understand that people are more likely to respond to advertisements for products and services that are “on sale.” However, please be aware that, according to California advertising law, the promotional sale price must actually reflect a discount from the original price. This means that the particular item must have
California’s False Advertising Laws and the “On Sale” Price Read More »
The State of California has multiple statutes that protect consumers from misleading and false advertising. Some of these laws include the Unfair Competition Law (“UCL”), the False Advertising Law (“FAL”), and the Consumer Legal Remedies Act (CLRA”). Combined, these laws serve to both protect consumers and afford legal recourse in the event of a company’s
California Court Rules in Ensure False Advertising Case Read More »
Recent California class action lawsuits are targeting websites that employ chatbots to offer their consumers real-time, online assistance. In the aftermath of the Ninth Circuit decision in Javier v. Assurance IQ, LLC, a recent hotbed issue in digital marketing law is whether or not businesses acquire requisite consent before gathering data from a consumer’s website
Does the Use of Chatbots Constitute Wiretapping? Read More »
As the clock ticks closer to January 1, 2023, businesses need to, among other measures, update their privacy policies to comply with the California Privacy Rights Act (“CPRA”). At the start of 2023, the CPRA will come into effect, greatly altering California’s privacy landscape. While, in many ways, the CPRA picks up where the California Consumer
The CPRA Sensitive Personal Information Data Category Read More »
Copyright © 2013–2021 Klein Moynihan Turco LLP. All Rights Reserved · Attorney Advertising