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Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR
On October 1, 2019, the Court of Justice for the European Union ("CJEU") issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation ("GDPR").
United States
15 Oct 2019
NJ Dance Club Fights TCPA Text Message Lawsuit
On September 30, 2019, a federal district court for the District of New Jersey (the "Court") denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system ("ATDS")
United States
14 Oct 2019
California Fair Pay To Play Act And College Athlete Marketing
For as long as the National Collegiate Athletic Association ("NCAA") and universities have made money on college sports
United States
10 Oct 2019
FTC Calls For Public Comment On Negative Option Marketing
On September 25, 2019, the Federal Trade Commission ("FTC" or "Commission") published an Advance Notice of Proposed Rulemaking calling for public comment on the need to amend the current ...
United States
9 Oct 2019
New Mobile Operating System Targets Unsolicited Telemarketing Calls
Apple Inc. has released a new operating system for its mobile devices that is likely to have a significant effect on the telemarketing industry.
United States
7 Oct 2019
6's Alleged Deceptive Marketing Practices Lead To Federal Action Under FTC Act/ROSCA
On September 25, 2019, the Federal Trade Commission ("FTC") filed a Complaint against Match Group Inc. ("Match Group"), parent company of,
United States
7 Oct 2019
CCPA Amendments Provide Some Clarity
Readers of this blog have been following our updates on prospective amendments to the California Consumer Privacy Act ("CCPA"). Among other amendments,
United States
4 Oct 2019
CCPA Exception Approved By California Legislature
As we have previously blogged, the California Consumer Protection Act ("CCPA") will impose significant new obligations on how businesses handle California State residents' ...
United States
1 Oct 2019
Does Use Of Soundboard Technology Violate The TCPA?
On September 13, 2019, Florida-based company Yodel Technologies LLC ("Yodel") petitioned the Federal Communications Commission ("FCC") for a declaratory ruling concerning the use of soundboard
United States
30 Sep 2019
CCPA Amended To Require California Data Broker Registration
On September 13, 2019, the California State Legislature passed Assembly Bill No. 1202 (the "Bill"), amending the California Consumer Privacy Act ...
United States
26 Sep 2019
New Jersey Fantasy Sports Operator Settles With State
On August 16, 2019, fantasy sports operator SportsHub Games Network, Inc. ("SportsHub") and the New Jersey Attorney General entered
United States
20 Sep 2019
CCPA Compliance Preparation – Must All Businesses Comply?
As readers of this blog well know, on January 1, 2020, the California Consumer Privacy Act ("CCPA") will go into effect.
United States
20 Sep 2019
Free Trial Law And The FTC
On July 12, 2019, the Federal Trade Commission ("FTC") filed a complaint against AH Media Group, LLC, and its owners, Henry Block and Alan Schill (collectively, "Defendants")
United States
13 Sep 2019
Federal Appeals Court Issues Major TCPA Law Decision
The United States Court of Appeals for the Eleventh Circuit (the "Court") recently issued a ruling declaring that the receipt of a single unsolicited text message advertisement is insufficient
United States
11 Sep 2019
Deceptive Marketing Practices, Lead Generators And The FTC
On August 27, 2019, an Illinois-based operator of several post-secondary and vocational schools entered into a stipulation and order with the Federal Trade Commission ("FTC") arising out of allegations of deceptive marketing.
United States
2 Sep 2019
Tom Brady's "Tom Terrific" Trademark Application Sacked By Trademark Law
On May 24, 2019, Tom Brady's company, TEB Capital Management, INC. ("TEB"), submitted separate intent-to-use trademark applications for "Tom Terrific" (the "Mark")
United States
30 Aug 2019
Anti-Robocalling Principles Established By State Attorneys General
On August 22, 2019, it was announced that 51 state attorneys general and 12 telecommunications service providers (AT&T, Bandwidth, CenturyLink, Charter, Comcast
United States
28 Aug 2019
Reminder: Nevada Opt-Out Requirements Take Effect October 1
We have previously blogged about Nevada Senate Bill 220 and how it amended Nevada's data privacy law to provide consumers with the ability to opt-out of the sale of their personally
United States
26 Aug 2019
Website Accessibility Lawsuits Abound
Website accessibility lawsuits (i.e., lawsuits alleging discrimination on the basis that websites contain access barriers that limit navigation for disabled people) increased 177% percent from 2017 to 2018 alone.
United States
23 Aug 2019
FTC Settles Email Lawsuit With Unrollme
The Federal Trade Commission's ("FTC") Bureau of Consumer Protection has entered into a consent agreement with Unrollme Inc. ("Unrollme"), preventing Unrollme
United States
19 Aug 2019
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