Privacy

The FTC has issued a Notice of Proposed Rulemaking that would devastate the lead generation industry if enacted. The FCC Chairwoman has proposed a new rule that would block unlawful robotexts.  Read more, here. The FCC first issued a Report and Order requiring mobile wireless providers to block text messages from numbers on a reasonable Do Not…

Attention Lead Generators  The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of  California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc. (*not precedent except as…

Volkswagen launched a marketing campaign.  It paid dealerships nationwide to retain a third party to place service reminder calls to their customers.  Automated technologies were purportedly used to make calls to plaintiff without consent. The Central District of California decertified a class of these TCPA plaintiffs because consent issues were so individualized that the plaintiffs…

The Federal Trade Commission recently testified at an oversight hearing before the Senate Committee on Commerce, Science, and Transportation about the agency’s work to protect consumers and promote competition, including its efforts to combat frauds designed to take advantage of consumers during the COVID-19 pandemic. Testifying on behalf of the Commission, FTC Chairman Joseph Simons…

Legislation was recently introduced in the Senate that would significantly bolster the Federal Trade Commission’s authority to enforce privacy and data security laws, and preempt the patchwork of presently existing data privacy regimes. Intended to address those that utilize, process and benefit from consumer data in “unfair and deceptive ways,” the Consumer Data Privacy and…

In December 2019, New York Governor Andrew Cuomo signed legislation enacting the Nuisance Call Act. The Act closes a loophole in Do Not Call Registry that permitted live telemarketers to call those on the list. It requires live voice outbound telemarketers to provide consumers the option to be added to the seller’s DNC list. If…