Trademark

data broker registration man typing on laptop

Make Sure That You Comply With Data Broker Registration Laws!

Blog, Data & Privacy Law /

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 […]

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Are Law Firms Susceptible to TCPA ATDS Claims? 

Blog, Data & Privacy Law, Internet Law, Telemarketing Law /

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

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cmo marketing TCPA TCPA laws people talking at table with laptops

CMS Marketing and Personal Beneficiary Information

Blog, Telemarketing Law /

With Medicare’s open enrollment commencing on October 15, 2024, now is a good time to discuss the Centers for Medicare & Medicaid Services’ (“CMS”) marketing rule changes for the 2025 contract year. In addition to complying with the Telephone Consumer Protection Act (“TCPA”) and other applicable federal and state regulations, marketers (or Third-Party Marketing Organizations

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Be Aggressive in Defending TCPA Lawsuits! 

Blog, Trademark & Copyright Law /

Earlier this summer, in Frank v. Receivables Performance Management, LLC (“RPM”), a judge for the United States District Court for the District of New Jersey issued a useful decision for defendants, dismissing most of the claims in Plaintiff’s Telephone Consumer Protection Act (“TCPA”) lawsuit. Plaintiff sued RPM for allegedly calling him numerous times without his

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How to Challenge TCPA Class Action Certification

Blog, Telemarketing Law /

Last month, a magistrate judge for the United States District Court for the Middle District of Florida issued a useful decision in favor of Defendant, recommending that Plaintiff’s Motion to Certify a Telephone Consumer Protection Act (“TCPA”) class be denied. In Sharfman M.D.P.A. v. Precision Imaging St. Augustine LLC  (“Sharman”), Plaintiff sought to certify a

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Pennsylvania Wiretap spy phone record data breach man in front of data

Beware of Pennsylvania Wiretap Laws! 

Blog, Telemarketing Law /

If your business operates a website, it is imperative that you comply with the Pennsylvania Wiretapping and Electronic Surveillance Control Act. Readers of our blog are now aware of the growing influx of class action lawsuits filed against online companies, which allege that use of third-party website tracking software violates California’s wiretapping law. Our readers

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Dairy Queen trademark infringement

Dairy Queen Loses Trademark Infringement Lawsuit 

Blog, Trademark & Copyright Law /

American Dairy Queen Corporation (“Dairy Queen”) sued W.B. Mason Co. (“W.B. Mason”) over W.B. Mason’s use of the BLIZZARD mark for its bottled spring water. Dairy Queen holds registered trademarks for its BLIZZARD frozen treats, which it sells directly to consumers. Dairy Queen’s earliest BLIZZARD trademark registration was issued in 1952, and the most recent

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