Klein Moynihan Turco LLP
The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers.
Global Advertising Lawyers Alliance (GALA)
With the launch of iOS 14.5 slated for next week, Apple s long-awaited changes to the use of its persistent identifier known as the Identifier for Advertisers (IDFA).
Kelley Drye & Warren LLP
In recent years, plaintiffs attorneys have found that filing website accessibility cases can be a lucrative business model.
Klein Moynihan Turco LLP
If you re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA).
Commentary
After nearly four months of work, the FCC s Emergency
Broadband Benefit Program (EBBP) is poised to launch. Nearly 750
providers are qualified to offer EBB-supported services, with
discounts of up to $50 per subscriber ($75 in tribal areas) and
equipment reimbursement of up to $100 available. The FCC recently
conducted a webinar for consumer groups and outreach partners about
the program, and USAC has been testing connectivity with eligible
providers for the past couple of weeks. Earlier today, the FCC
announced that the EBBP will launch on Wednesday, May 12,
2021. Providers participating in the EBBP can begin enrolling
eligible households into the program to receive supported
SGS North America Withdraws Petition for Declaratory
Ruling
On March 17, 2021 SGS North America, Inc ( SGS ) filed
a Notice of Withdrawal. SGS will no longer be pursuing its Petition
for Expedited Declaratory Ruling, Or in the Alternative, Request
for Retroactive Waiver. In its Petition, filed December 17,
2018, SGS asked the Commission to clarify the meaning of telemarketing and dual purpose calls with
respect to the prior express written requirements under the
TCPA in order to fix a growing trend of unwarranted
TCPA litigation.
Awaiting Decision (Items on Circulation )
Other Pending Petitions
Petitions Seeking to Establish or Modify Exemptions to TCPA
Consent Requirements
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The United States District Court for Northern District of
California recently dismissed a complaint alleging violations
of California s CIPA Law in connection with common website data
collection practices. The decision will be celebrated by both
retailers and software service providers alike. Judicial
affirmation of the principle that website operators data
collection practices, when done properly, are compliant with
consumer data privacy protection laws provides businesses with
always-useful certainty.
On what basis were the allegations of CIPA Law violation
dismissed?
Originally enacted in 1967, the California Invasion of Privacy
Cases of Note
District of Delaware Holds It Can Hear TCPA Claims For Calls
Related to Government-Backed Debt Made During Time Such Calls Were
Seemingly Permitted by the Statute
Faced with a novel fact pattern, one federal court determined
that the Supreme Court s severing of the government-debt
exception means that the statute must be interpreted as if that
exception was never part of the law. As you may recall, the
Supreme Court decided
AAPC in July 2020, and held that the
TCPA s government debt exception (which was added in 2015) was
unconstitutional, severing it from the TCPA. We have previously
reported on a numberofdecisions following