November 15, 2018 The United States Supreme Court has agreed to hear argument on a matter involving the Telephone Consumer Protection Act (“TCPA”), granting certiorari to an appeal of a TCPA fax case arising from a decision handed down by the United States District Court for the Southern District of West Virginia. What are the…

November 13, 2018  Earlier this month, a federal privacy law bill was introduced in the Senate by Senator Ron Wyden (D-OR), entitled the “Consumer Data Protection Act” (“CDPA”). The proposed law would create new protections for consumers’ personal information and provide the Federal Trade Commission (“FTC”) with significant authority to police companies that collect and…

November 9, 2018 On November 6, 2018, the Girl Scouts of the United States of America (“GSUSA”) filed a complaint against the Boy Scouts of America (“BSA”) in the Southern District of New York for trademark infringement, unfair competition and trademark dilution. GSUSA has been in operation for over 106 years and is currently serving…

November 6, 2018 A judge in the United States District Court for the Northern District of Illinois recently issued a Telephone Consumer Protection Act (“TCPA”) ruling that will make it harder for fax TCPA class actions to succeed. How has the court made fax TCPA class actions more problematic for plaintiffs?

October 29, 2018 In a landmark decision, the Indiana Supreme Court has ruled that student athletes do not have a right of publicity basis to prevent fantasy sports companies from using their names, pictures and/or statistics without the athletes’ consent under the State’s statute. Why did the Court find no preemptive right of publicity for…

October 25, 2018  On October 11, 2018, Facebook, Inc. (“Facebook”) announced that it will allow marijuana advertising via cannabis-related pages for verified organizations and/or businesses to appear in users’ search results on Facebook. These verified organizations or businesses will carry Facebook’s “gray” and “blue” verification symbols and will be searchable to Facebook users via terms…

October 23, 2018 A nationwide class action lawsuit involving the receipt of SMS text messages that were allegedly sent in violation of the Telephone Consumer Protection Act (“TCPA”) was recent filed against Las Vegas’ Treasure Island hotel.  This SMS TCPA class action involves Treasure Island’s use of a virtual concierge service. What were the practices…

October 18, 2018 The Digital Advertising Alliance (“DAA”) is a non-profit organization formed and governed by several leading advertising and marketing trade associations. It has enacted and employs several privacy-related self-regulatory principles (the “DAA Principles”) applicable to digital advertising data collection and use. The DAA Principles cover entities engaged in Internet-based advertising and seek to…

October 15, 2018 On June 28, 2018, California passed the most comprehensive and consumer-friendly privacy law in the United States: the California Consumer Privacy Act (“CCPA”).  In many respects, the framework of the CCPA is similar to the Europe Union’s recently enacted General Data Protection Regulation (“GDPR”). While many businesses took measures to comply with…

October 12, 2018 A lawsuit in the United States District Court for the Southern District of Florida involving allegations of widespread text messaging-related violations of the Telephone Consumer Protection Act (“TCPA”) was recently settled.  Because of the nature and commonality of the marketing practices at issue, this TCPA litigation ultimately settled on a class-wide basis….

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