The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out.
Continue Reading Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision
Consent
California Consumer Privacy Act Signed, Introduces Key Privacy Requirements for Businesses
Recently, the Governor of California signed the California Consumer Privacy Act of 2018. The Act introduces key privacy requirements for businesses, and was passed quickly by California lawmakers in an effort to remove a ballot initiative of the same name from the November 6, 2018, statewide ballot.
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Oregon Becomes Latest Jurisdiction and First State to Enact Predictive Scheduling Law
On July 1, 2018, the majority of Oregon’s Fair Work Week Act (also known as Oregon’s predictive scheduling law) will go into effect and will add significant challenges and costs for retailers. …
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Challenging the Consent-Based Theory of General Personal Jurisdiction in Pennsylvania
As a result of several recent United States Supreme Court decisions, courts across the country have applied a more exacting standard for assessing whether defendants can be subject to general personal jurisdiction in a particular forum.
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Consumer Protection in Retail: Weekly Roundup
This past week, several consumer actions made headlines that affect the retail industry. Continue reading for our roundup. …
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FTC Issues Policy Statement on COPPA and Voice Recordings
On October 23, 2017, the Federal Trade Commission issued a policy enforcement statement providing additional guidance on the applicability of the Children’s Online Privacy Protection Rule to the collection of children’s audio voice recordings. …
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FTC Announces Settlement with Lenovo Regarding Preinstalled Laptop Software
On September 5, 2017, the FTC announced that Lenovo, Inc. agreed to settle charges that its preloaded software on some laptop computers compromised online security protections in order to deliver advertisements to consumers. …
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FTC Continues Crackdown on Misleading Online Marketing Tactics
On August 7, 2017, the FTC announced that it obtained a court order temporarily halting an online marketing scheme that deceptively lured shoppers into expensive negative option plans. The FTC alleged that defendants used initial low-cost trial offers to hook consumers into expensive monthly shipments without properly disclosing the terms and conditions of the deal or properly obtaining their consent.
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Down but Not Out: Second Circuit Breathes New Life Into the Use of TCPA Consent Clauses
Recently, the United States Court of Appeals for the Second Circuit affirmed the district court’s finding in Reyes v. Lincoln Automotive Financial Services that a customer could not revoke prior express consent for purposes of the Telephone Consumer Protection Act (“TCPA”) if that consent was provided as consideration in a binding contract. In a ruling…
FTC Releases Guidance on COPPA Compliance
On June 21, 2017, the Federal Trade Commission updated its guidance, Six-Step Compliance Plan for Your Business, for complying with the Children’s Online Privacy Protection Act. The FTC enforces the COPPA Rule, which sets requirements regarding children’s privacy and safety online.
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