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 FCC issued a Declaratory Ruling last February, making clear that AI telemarketing calls fall within the purview of the Telephone Consumer Protection Act (“TCPA”) and its implementing regulations. A few […]
Is AI Calling Legal? Read More »
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 New Jersey privacy law known as Daniel’s Law. Below, we: (1) briefly explain Daniel’s Law; (2) provide an update on this case following the District Court’s denial of the constitutionality
Daniel’s Law Update Read More »
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge was tasked with determining whether Plaintiff’s wiretap claim could withstand a Motion for Summary Judgment. Below, we discuss the case and the Court’s
Pennsylvania Wiretap Claim Dismissed Read More »
The Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 1:1 consent rule simply won’t die (“TCPA Consent Rule”). After the 11th Circuit Court of Appeals’ decision on January 25, 2025, the FCC’s TCPA Consent Rule appeared dead in the water. Now, however, the National Consumer Law Center (“NCLC”) (joined by numerous State Attorneys General),
Is TCPA Consent Rule Really Dead?! Maybe Not, Say 28 States Read More »
While readers of this blog are familiar with the proliferation of California Invasion of Privacy Act (“CIPA”) wiretapping claims, our readers may be less familiar with CIPA-related GET Request claims. Below, we explain what GET requests are and how the Plaintiffs’ Bar is alleging that GET Requests violate CIPA. Does a GET Request Violate CIPA?
CIPA Claims and GET Requests Read More »
Last month, a putative class action Complaint was filed against Dave & Buster’s (“Defendant”) for allegedly failing to observe proper telemarketing hours. In Laureta v. Dave & Buster’s Inc., Plaintiff claims that he received three text messages between 3:00 and 6:00 a.m. If Plaintiff’s allegations are proven true, Defendant may have violated the Telephone Consumer
Do Not Disturb: Observe Telemarketing Hours! Read More »
Given the surge in Telephone Consumer Protection Act (“TCPA”) litigation, an advocacy firm recently petitioned the Federal Communications Commission (“FCC”) for a declaratory ruling and clarification concerning the FCC’s current TCPA rules. Below, we discuss the petition in further detail. Petition Claims Current TCPA Rules Require FCC Action In response to an “alarming surge in
Petition to FCC Seeks TCPA Ruling and Clarification Read More »
Last week, a putative class action Complaint was filed against a major fantasy sports company in the United States District Court for the Eastern District of New York. In Ballentine v. Underdog Sports, LLC, Plaintiffs allege that Defendant violated NY’s fantasy sports law by offering illegal sports bets that it deceptively marketed as daily fantasy
NY Fantasy Sports Operator Accused of Running Illegal Betting Platform Read More »