Trademark

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FCC’s TCPA Consent Revocation Rule Effective April 11, 2025!

In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail. New […]

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Email Marketing Compliance

Our readers may recall a prior piece in which we discussed email marketing compliance, and a California statute which prohibits the sending of false or misleading unsolicited commercial email. With the marketing industry’s renewed reliance on email marketing, there is a corresponding increase in lawsuits alleging violations of California’s email marketing statute. Below, we discuss

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CIPA TikTok Claims

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.

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One-to-One Consent Rule Vacated: What Comes Next?

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

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Can’t Teach An Old Dog New CIPA Claim Tricks

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

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FTC Takes Aim at Deceptive Earnings Claims

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

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Trucking Marketing Communications are Subject to Various Regulations! 

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

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