January 31, 2019 On May 22, 2018, the State of Vermont enacted House Bill Number 764 (the “Bill”) to, among other things, regulate how Vermont data brokers collect consumer data and sell that information to third parties. The Bill went into effect on January 1, 2019, giving Vermont data brokers until January 31, 2019, to…

January 30, 2019 On January 22, 2019, Carol Mazzariol (“Plaintiff”) filed a putative Telephone Consumer Protection Act (“TCPA”) class action lawsuit against medical spa company, MedSpa Del Mar, LLC (“MedSpa”).  The TCPA text message lawsuit was filed in the United States District Court for the Southern District of Florida and is captioned Carol N. Mazzariol…

January 29, 2019 The United States District Court for the Western District of New York recently issued a decision interpreting the Telephone Consumer Protection Act (“TCPA”) with respect to whether a fax transmission violated the statute.  In particular, the TCPA fax case required the court to decide whether the subject fax transmission constituted an advertisement…

January 21, 2019 The Office of Legal Counsel for the United States Department of Justice (“DOJ”) has released an opinion updating the DOJ’s interpretation of the federal Wire Act.  The new Wire Act opinion letter expands the scope of the Wire Act’s interstate prohibitions as they have existed since 2011.  However, given the potentially drastic…

January 17, 2019  Washington D.C. is in the process of enacting the Structured Settlements and Automatic Renewal Protections Act of 2018 (the “Act”). In part, the automatic renewal law Act would place new restrictions on businesses that sell goods or services to consumers pursuant to a contract that automatically renews. What are the key provisions…

January 14, 2019 A nationwide class action lawsuit alleging violations of federal text messaging law has been filed in the United States District Court for the Southern District of Florida against a prominent Miami nightclub.  The lawsuit claims that Diskolab, LLC’s (“Diskolab”) text messaging campaign was conducted in violation of the Telephone Consumer Protection Act…

January 11, 2019 We have been providing our blog readers with regular updates on the status of California State Bill AB-2546 (the “Bill”). The latest: As of November 30, 2018, the Bill officially died.  The proposed email marketing  Bill would have provided stricter requirements for commercial email that was sent either from California or to…

January 2, 2019 The number of Telephone Consumer Protect Act (“TCPA”) lawsuits filed each year is staggering.  Given the prospect of crippling financial exposure that TCPA litigation presents, formulating a sound approach to both prevent and defend these actions must be an active and ongoing part of the business strategy of any company that contacts…

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