pen register CIPA data privacy consumer data

Use of Pen Registers Is Focus of Recent Consumer Privacy Claims

As readers of our blog know, the use of website user tracking software has been the subject of many recent consumer privacy lawsuits. The latest iteration of consumer privacy cases involves the use of “pen registers” that allegedly track website user activity in violation of the California Invasion of Privacy Act (“CIPA”). Violations of this […]

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FTSA florida TCPA FTSA Amendment

Recent FTSA Amendment Court Decisions Are Wins For Business

As readers of our blog know, the Florida Telephone Solicitation Act (“FTSA”) (Florida’s state law version of the Telephone Consumer Protection Act (“TCPA”)) was amended in May 2023. While the FTSA amendments narrowed the FTSA’s scope and clarified some ambiguities, two recent Florida decisions discuss the applicability of the FTSA amendments, and serve to limit

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fax fax law fax litigation TCPA FCC

Class Certification Denied in TCPA Fax Litigation

On January 22, 2024, the United States Court of Appeals for the Fourth Circuit issued its decision in the Career Counseling Inc. v. Amerifactors Financial Group LLC. fax litigation proceeding. The underlying litigation stems from an unwanted commercial facsimile transmission that Career Counseling alleged was sent by Amerifactors, in violation of the Telephone Consumer Protection

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26 Attorneys General Ask for AI Telemarketing Restrictions

On November 15, 2023, the Federal Communications Commission (“FCC”) issued a Notice of Inquiry (“NOI”) seeking comment concerning the impact that emerging artificial intelligence (“AI”) technologies may have on the telemarketing industry. The FCC regularly issues rulemakings on issues that they deem pressing. One of the areas of new concern is the legality of AI-assisted

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Florida fantasy sports

Uncertainty Looms Over Florida Fantasy Sports Landscape

For those following the state of Fantasy Sports in Florida, it is quite apparent that entering the market continues to be fraught with uncertainty and risk. Last September, Mr. Lou Trombetta, the Executive Director of the Florida Gaming Control Commission (“GCC”), sent cease and desist letters to three companies that were allegedly “offering and accepting

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telemarketing consent

FTC Telemarketing Consent Farming Crackdown Continues

On January 2, 2024, Response Tree LLC and its president, Derek Thomas Doherty (collectively “Response Tree”), settled claims that they had violated Federal Trade Commission (“FTC”) consent regulations by, among other things, illegally generating telemarketing leads. Entered on the same day, the Central District of California Complaint, filed by the United States Department of Justice

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