Licensed cannabis retailers are popping up all over New York State, making it more convenient for consumers to find a State-sanctioned establishment. But with the proliferation of licensed retailers comes necessary regulatory oversight. The Office of Cannabis Management (“OCM”) was formed to implement regulations applicable to the production and sale of adult-use and medical cannabis […]
Cannabis Ads Must Comply with State Regulations Read More »
Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the statute’s constitutionality, and the United States Court of Appeals for the Third Circuit (“Third Circuit”) is expected to
Daniel’s Law Lawsuits – Constitutionality Update Read More »
Our readers are well aware of the fact that companies can be held vicariously liable for Telephone Consumer Protection Act (“TCPA”) violations. However, a recent decision from an Illinois federal court highlights the importance of carefully analyzing whether the complaint actually asserts that TCPA vicarious liability can be plausibly inferred from the allegations. Below, we
TCPA Vicarious Liability Read More »
With AI-generated content becoming more widespread daily, the Federal Communications Commission (“FCC” or “Commission”) has solicited comments from the general public and companies alike in connection with a recent Notice of Proposed Rulemaking (“NPRM”). In its NPRM, the FCC seeks comment regarding, among other things, the definition of AI-generated calls. The Commission’s proposed definition of
What Is An AI-Generated Call? Read More »
April 4, 2025 by Kara Thompson 3rd Circuit Review of Daniel’s Law May Force Legislatures to Rethink It, Privacy Lawyers Say The 3rd U.S. Circuit Court of Appeals has taken up a challenge to New Jersey’s Daniel’s Law, which plaintiffs say is a violation of the First Amendment. The 3rd Circuit’s review of such a
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 »
Mobile carriers continue to require TCR registration for telephone numbers that are routed through a virtual phone service provider (“service provider”). Most, if not all, service providers have created separate divisions to oversee the review of client telecommunications campaigns. Only after approval by its service provider, will a company’s 10-digit long codes (“10 DLC”) be
Reasons for TCR Registration Denial 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 »