Our readers are well aware of the proliferation of lawsuits alleging California Invasion of Privacy Act (“CIPA”) violations against companies that use third-party tracking technology to collect consumer data on their websites. The latest iteration of these CIPA third-party tracking software lawsuits targets CIPA and TikTok. Trap and Trace CIPA TikTok Claims In Esparza v. […]
CIPA TikTok Claims Read More »
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”) one-to-one consent rule. The decision prevented the rule from becoming law on the eve of its anticipated effective date. Why was the One-to-One Consent Rule Vacated? As alluded to in
One-to-One Consent Rule Vacated: What Comes Next? Read More »
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 their websites show no signs of slowing down. This fact is illustrated by two recent California State court lawsuits which allege CIPA claims for Defendants’ alleged use of third-party tracking
Can’t Teach An Old Dog New CIPA Claim Tricks Read More »
This week, the Federal Trade Commission (“FTC”) proposed changes to the Business Opportunity Rule, together with the possible enactment of a new Earnings Claim Rule. Due to the increasing number of individuals seeking work-from-home arrangements, deceptive potential earnings claims are becoming more problematic. Earnings claims are especially prevalent in the multi-level marketing (“MLM”) and money-making
FTC Takes Aim at Deceptive Earnings Claims Read More »
On February 28, 2024, Motive Technologies Inc., formerly known as Keep Truckin (“Defendant”), was sued in the United States District Court for the Northern District of California for allegedly delivering prerecorded trucking-related marketing calls without first obtaining prior express written consent from recipients. As our readers are aware, these allegations, if they had been proven
Trucking Marketing Communications are Subject to Various Regulations! Read More »
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 Corporation (“Atlas Data”), a consumer data protection company. Shortly after Daniel’s Law was amended in July 2023, Atlas Data filed hundreds of lawsuits against various companies on behalf of thousands
Daniel’s Law Is Constitutional, Judge Rules Read More »
As our readers know, the California Privacy Protection Agency (“Agency”) was established by the California Consumer Privacy Act (“CCPA”). California’s Delete Act, effective as of January 1, 2023, established, among other things, certain consumer data broker registration requirements. The Agency is responsible for enforcing the Delete Act and, as discussed below, is now actively pursuing
Make Sure That You Comply With Data Broker Registration Laws! Read More »
On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National Do Not Call (“DNC”) registry compliance provisions of the Telephone Consumer Protection Act (“TCPA”). The TCPA requires that telemarketing companies obtain prior express
Are Law Firms Susceptible to TCPA ATDS Claims? Read More »
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