June 20, 2018 Aaron’s Inc. (“Aarons”), a prominent lessor of furniture, appliances and electronics, was recently named as a defendant in a nationwide class action lawsuit alleging violations of the Telephone Consumer Protection Act (“TCPA”).  This TCPA lawsuit is one of many recent cases that involve the definition of automatic telephone dialing systems (“ATDS”) within…

June 19, 2018  Two weeks ago, Apple Inc. (“Apple”) attempted to quietly change its app data collection rules in its App Store to restrict how app developers use, transmit, share, and even sell iPhone owners’ personal information. In a regulatory and societal climate of increased concerns over the privacy and security of personal data, Apple…

June 15, 2018  On May 18, 2018, Governor Henry McMaster of South Carolina signed the Telephone Privacy Protection Act (the “Act”) into law. The new State telemarketing law is intended to curb caller ID spoofing and promote transparency by requiring marketers to comply with terms similar to federal telemarketing regulations. How will the new State…

June 14, 2018 New Jersey Governor Phil Murphy signed sports gambling legislation into law this week.  As the jurisdiction that led the effort which culminated in the Supreme Court decision striking down the Professional and Amateur Sports Protection Act (“PASPA”), all interested eyes had been on New Jersey to see how aggressively the State would…

June 12, 2018 For the past four years, the World Wide Web Consortium (“W3C”) has been working to update version 2.0 of the Web Content Accessibility Guidelines (“WCAG”) in order to keep pace with rapid developments in the technology space. On June 5, 2018, W3C published version 2.1 of the WCAG, adding seventeen additional criteria…

June 11, 2018 The Federal Trade Commission (“FTC”) recently filed a lawsuit in connection with violations of federal telemarketing law and related conduct that allegedly began as early as 2001.  The FTC sued an enterprise of entities and their owners, which it claims are recidivist violators of federal telemarketing laws, having been subpoenaed, investigated, and…

June 7, 2018  On May 21, 2018, a California state court granted summary judgment to plaintiff Cheryl Thurston (“Plaintiff”) in a website accessibility lawsuit brought under California’s Unruh Act, which provides that a violation of Title III of the Americans with Disabilities Act (“ADA”) is also a violation of the Unruh Act. Plaintiff, a resident…

June 6, 2018 We recently blogged about proposed California State legislation that would provide stricter requirements applicable to commercial email advertisements that are sent either from California or to a California resident’s email address. What is the current status of the email marketing legislation? By a vote of 45 to 29, Bill 2546 (the “Bill”)…

June 4, 2018 Following the recent landmark Supreme Court decision striking down the Professional and Amateur Sports Protection Act (“PASPA”), New York State Assemblyman Gary Pretlow said that he expects to introduce a bill before the Assembly this week that would legalize sports gambling in the State.  In order for the bill to become law,…

June 1, 2018 On May 22, 2018, the State of Vermont enacted the country’s first law of its kind: a regulatory scheme governing data brokers. Data Brokers search for and collect consumer data points from multiple sources and sell that information to service providers, such as marketing companies, political campaigns, and credit reporting agencies. In…

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