November 2013

Court Rules that E-mail Addresses Are Protected Personal Data

Leave a Comment / Blog, Data & Privacy Law, Journal /

Previously we informed our readers that California’s new Internet data privacy law, effective January 1st, 2014, requires operators of commercial websites or online services that collect personally identifiable information (“PII”) from California consumers to conspicuously post their privacy policies on their respective websites.  Now, the federal District Court for the Eastern District of California has ruled that consumers’ e-mail […]

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BBB Will Enforce New Consumer Disclosure Requirements

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The Better Business Bureau (“BBB”) has quietly been asserting more influence over mobile and Internet marketing practices over the past year, endorsing several self-regulatory principles drafted by the Digital Advertising Alliance (“DAA”), a nonprofit organization comprised of some of the largest media and marketing trade associations in the U.S.  Now, for the first time, the

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New TCPA Petitions May Be More Good News for Telemarketers

Leave a Comment / Blog, Journal, Telemarketing Law /

The Federal Communication Commission (“FCC”) announced late last week that it is seeking public comment on petitions that call into question certain provisions of the new Telephone Consumer Protection Act (“TCPA”) regulations, which went into effect on October 16th, 2013. The TCPA Generally The TCPA regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers and/or pre-recorded

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Finally, Some Good TCPA News for Telemarketers . . . ?

Leave a Comment / Blog, Journal, Online Marketing & Advertising Law, Telemarketing Law /

As many of our readers are aware, the Telephone Consumer Protection Act (“TCPA”) regulates unsolicited telemarketing calls, texts and faxes utilizing autodialers or pre-recorded messages, and has been the basis for several high profile class action lawsuits.  Despite the multi-million dollar settlements resulting from TCPA violations, there may finally be some good news for telemarketers. What is an Autodialer

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TCPA Action against Sallie Mae Dismissed Due to Binding Arbitration Agreement

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A TCPA action that was filed in Massachusetts federal court against Sallie Mae, Inc. was recently dismissed because of the arbitration clause contained in the promissory notes that the plaintiff electronically signed when she secured three student loans. Background: Auto-Dialed Debt Collection Calls Each promissory note contained an arbitration provision that required any claims relating

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