Search

The Federal Communications Commission's ('FCC') one-to-one consent rule is set to take effect next month. The United States Court of Appeals for the Eleventh Circuit heard oral argument this week [...]

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 [...]

On November 26, 2024, the United States District Court for the Southern District of California issued a noteworthy decision highlighting the importance of carefully contesting a plaintiff's prerecorded voice claims. [...]

As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call ('DNC') regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded [...]

As our readers know, the Centers for Medicare & Medicaid Services ('CMS') prohibits certain marketing communications, materials, and activities. With Medicare's open enrollment period nearing an end, now is a [...]

Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to [...]

The fantasy sports market was valued at $30.5 billion in 2023. Every year, the industry inches closer to nationwide legalization and regulation. In addition to state law amendments, federal laws [...]

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 [...]

On November 1, 2022, Oklahoma's Telephone Solicitation Act ('OTSA') took effect. State telemarketing laws, such as the OTSA, have been coined Mini-TCPAs because they are, in large part, the state [...]

With Medicare's open enrollment period (October 15, 2024 - December 7, 2024) in full swing, now is a good time to discuss the many nuances of Medicare marketing that exist [...]

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') [...]

The California Invasion of Privacy Act ('CIPA') and the Massachusetts Wiretap Act ('MWA') are state statutes which prohibit the unlawful recording of communications. As our readers can guess, CIPA and [...]

On October 28, 2024, The Sports Prophets Inc. ('Defendant') was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not [...]

On September 19, 2024, Judge Lorna G. Schofield, District Judge for the United States District Court for the Southern District of New York, issued an informative TCPA consent-related decision in [...]

Readers of this blog are aware of the fact that, beginning on October 1, 2024, the Medicare one-to-one consent rules will go into effect - requiring Third Party Marketing Organizations [...]

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers' interactions on their websites. The [...]

Recently, a Telephone Consumer Protection Act ('TCPA') case was filed against Sunflora, Inc. ('Sunflora') in the Middle District of Florida for allegedly violating the prerecorded voice provisions of both the [...]

Readers of this blog know that the Telephone Consumer Protection Act ('TCPA') is an oft-discussed topic, with companies continuing to find themselves named as defendants in TCPA lawsuits. Thankfully, two [...]

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 [...]

By awarding prizes in connection with a sweepstakes promotion, a business can generate valuable publicity and goodwill. This is especially true when the sweepstakes sponsor is able to publish the [...]

Readers of this blog may recall our prior piece about recent lawsuits alleging that the use of tracking software on certain websites violates the California Invasion of Privacy Act ('CIPA'). [...]

Readers of this blog may recall our prior piece discussing an influx of lawsuits brought by Atlas Data Privacy Corporation ('Atlas') against various companies for violating a New Jersey State [...]

On April 23, 2024, the Centers for Medicare & Medicaid Services ('CMS') issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations ('TPMOs') that engage in Medicare-related [...]

On July 22, 2024, Bikers Against Drunk Drivers Inc. ('BADD') was sued in the United States District Court for the Southern District of California for allegedly violating the Internal Do [...]

A Pennsylvania federal court recently granted a retailer's motion to dismiss claims that its use of 'spy pixels' in its commercial e-mail constitutes illegal wiretapping. In Hartley v. Urban Outfitters, [...]

With the use of artificial intelligence ('AI') becoming more widespread across almost all aspects of life, the FCC has taken several steps to regulate its use in the telemarketing space. [...]

As of today, July 15, 2024, Google gaming regulations contain significant revisions. The Google Ads policy for daily fantasy sports ('DFS') operators now enable them to run advertisements in many [...]

As our readers are by now aware, on June 28, 2024, the Supreme Court of the United States overturned a legal precedent known as 'Chevron deference' by a 6-3 vote. [...]

On April 17, 2024, the State of Nebraska enacted the Nebraska Data Privacy Act ('NDPA'). With the passage of the NDPA, Nebraska joins the ranks of the nineteen other states [...]

Readers of this blog are familiar with the California Invasion of Privacy Act ('CIPA'), and the systematic transformation of CIPA wiretapping cases since their inception. Applying CIPA, a Washington State [...]

Readers of this blog likely know about the wave of consumer privacy litigation directed at online companies' collection of consumer data. A litany of these cases are brought by Swigart [...]

On June 17, 2024, a judge for the United States District Court for the Northern District of Illinois granted final approval of the class settlement reached by the parties in [...]

Readers of our blog may recall a recent piece in which we discussed a Florida Telephone Solicitation Act ('FTSA') lawsuit pending in the United States District Court for the Middle [...]

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act ('TCPA') Automatic Telephone Dialing System ('ATDS') liability in the wake of the [...]

On April 11, 2024, New York Senator Joe Addabbo introduced a bill proposing major changes to New York's fantasy sports law. S9044 seeks to alter the landscape of fantasy sports [...]

Federal Data Privacy Bill Introduced with Bipartisan Support Online marketers may be on the verge of finally obtaining a single, unified federal framework for consumer data privacy regulation. In April, [...]

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company ('State Farm') may be vicariously liable for alleged Telephone Consumer Protection Act ('TCPA') violations. In [...]

On May 6, 2024, Tarkenton Senior Solutions, LLC. ('Tarkenton') was sued in the Northern District of Georgia for allegedly violating the Do Not Call provisions of the Telephone Consumer Protection [...]

Last month, in Woodard v. Health Insurance Alliance ('HIA'), a judge for the United States District Court for the Eastern District of Illinois issued a useful decision for defendants, dismissing [...]

Multiple Sweepstakes Documents Required In preparing to conduct a sweepstakes promotion, the first step often involves the sweepstakes operator hiring an attorney to draft a set of Contest Rules that [...]

On February 9, 2024, the Third Appellate District of California vacated a trial court decision, holding that the California Privacy Protection Agency ('CPPA') could immediately begin enforcing the current version [...]

As our readers are aware, last October, the New York State Gaming Commission ('GC' or the 'Commission') adopted New York Rule 5602.1(a)(4), a law outlawing fantasy sports contests, such as [...]

As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases [...]

As readers of our blog know, the Florida Telephone Solicitation Act ('FTSA') (Florida's state law version of the Telephone Consumer Protection Act ('TCPA')) was amended in May 2023. While the [...]

On January 22, 2024, the United States Court of Appeals for the Fourth Circuit issued its decision in the Career Counseling Inc. v. Amerifactors Financial Group LLC. fax litigation proceeding. [...]

On September 1, 2023, Judge Lindsay C. Jenkins of the Northern District of Illinois entered an order granting the Federal Trade Commission ('FTC') partial summary judgment against Day Pacer LLC [...]

On August 7, 2023, twelve United States senators penned a letter to the Federal Communications Commission ('FCC' or the 'Commission') requesting that the Commission issue guidance on current Telephone Consumer [...]

In the past several years, a handful of states around the country have enacted laws governing the use of automatic renewal and continuous service provisions in consumer agreements. Most recently, [...]

On June 18, 2023, Texas Governor Greg Abbott signed SB 2105 into law. Titled 'AN ACT relating to the registration of and certain other requirements relating to data brokers; providing [...]