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The Bulk Data Access Rule: What Advertisers Need to Know

On April 11, the Department of Justice issued an extensive set of FAQs on its Bulk Data Access Rule and advised that it ​“will not prioritize civil enforcement actions against any person for violations” of the Rule through...more

FCC Issues One-Year Limited Waiver of New TCPA Consent Revocation Rule

On April 7, 2025, the FCC’s Consumer and Governmental Affairs Bureau (CGB) released an order announcing a one-year delay of a new implementing rule for the Telephone Consumer Protection Act (TCPA) related to consumers’...more

State AGs Support Effort to Revive TCPA 1:1 Consent Rule

On March 17, a bipartisan group of attorneys general from 27 states and the District of Columbia filed an amicus brief in the Eleventh Circuit Court of Appeals in support of the National Consumer Law Center’s proposed...more

Texting Lawsuits in Washington – A Reminder About State Laws

Most businesses that send texts to their target audiences are focused on compliance with the federal Telephone Consumer Protection Act (TCPA) – and understandably so, given the explosion in class action litigation stemming...more

CPPA Drives Home Enforcement Priorities in CCPA Settlement with Honda

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co., resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and requiring...more

New York AG Settles with School Calendar App, Saturn

This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more

A Respondent’s Wishlist: 10 Changes Businesses Would Like to See From the New FTC Bureau of Consumer Protection

With a Republican majority soon to be at the helm of the Federal Trade Commission, businesses are watching closely to see whether and how the regulatory landscape will shift. In this post, we break down ten things we, as...more

New Year, New Health Privacy Law? – What You Need to Know About NYHIPA

A New York health privacy law has moved quickly through both chambers of the state legislature and is up for review by Governor Kathy Hochul. The New York Health Information Privacy Act (“NYHIPA”) bears striking resemblance...more

Eleventh Circuit Vacates TCPA 1:1 Consent Rule

On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called ​“one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications...more

Senate Aide Olivia Trusty Named as Nominee for FCC Commissioner

In the days leading up to Inauguration Day, Olivia Trusty was named as President Trump’s nominee to serve as a Commissioner at the Federal Communications Commission (FCC), filling the seat vacated by outgoing chairwoman...more

New Privacy Laws in 2025: What You Need to Know

With the new year just around the corner and eight new privacy laws coming online next year, December is an excellent time for companies to assess their data collection and processing practices, and take stock of any changes...more

State Privacy Law Requirements: Instructing Vendors and Partners to Fulfill Deletion and Opt Out Privacy Rights Requests

Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These...more

California Privacy Protection Agency expands the definition of ​“data broker”

On November 8, the California Privacy Protection Agency (CPPA) voted 5-0 to approve new regulations to implement the DELETE Act of 2023. The most noteworthy development was the agency’s adoption of a new definition of...more

[Webinar] Privacy and AI in the Trump 2.0 Era - November 13th, 2:00 pm - 3:00 pm ET

Join Kelley Drye privacy attorneys for an upcoming webinar, "Privacy and AI in the Trump 2.0 Era." This session will explore the potential shifts in privacy regulation and AI oversight with the new administration, including...more

FCC Sets Effective Date for TCPA ​“Reasonable” Consent Revocation Rules

The Federal Communications Commission has announced that its new Telephone Consumer Protection Act rules related to ​“reasonable” revocation of consent will become effective on April 11, 2025....more

The California Privacy Protection Agency Advances Regulations to Reign in AI, Mandate Security Audits and Risk Assessments, and...

The California Privacy Protection Agency (CPPA) has signaled it will advance rulemaking at its upcoming November 8 board meeting to place restrictions on the use of automated decision-making technology (ADMT) and impose new...more

The Eyes of Texas are on AI: Generative AI Settlement Reached

We have frequently written on AGs interest in AI. In what Texas calls the ​“first-of-its-kind healthcare generative AI” settlement, the state resolved its investigation into Pieces Technologies’ alleged misleading statements...more

FCC Proposes New TCPA Rules for AI Calls and Texts

On August 7, 2024, the Federal Communications Commission (FCC) adopted a Notice of Proposed Rulemaking and Notice of Inquiry related to the use of artificial intelligence in outbound calls and texts. Among the proposed rules...more

AI Legislative and Regulatory Efforts Pick Up Steam: What We’re Watching

AI capabilities are growing by the day, and with them, so are increasing government efforts to put in place guardrails, principles, and rules to govern the AI space. In May alone, Utah’s Artificial Intelligence Policy Act...more

Telemarketing in 2024 – A Mid-Year Review

As we approach the 2024 halfway mark, businesses that rely on texting and calling to promote their products and services face an onslaught of new and significant legal and regulatory developments. To help with tracking these...more

Update on TSR Amendments and Recordkeeping Requirements

As an update to our earlier blog post detailing the FTC’s amendments to the Telemarketing Sales Rule, the changes have since been published in the Federal Register, with an effective date of May 16, 2024....more

Maine to Require Telemarketers to Check Reassigned Number Database

The governor of Maine recently signed an amendment to the state’s telephone solicitation law that will make it mandatory for telephone solicitors to check against the Federal Communications Commission’s (FCC’s) reassigned...more

Health Data Privacy: What We’re Hearing

U.S. privacy developments are moving quickly, but health data privacy is racing forward. Companies that come into contact with consumers’ health data need to track and respond to a variety of developments. Most notably, these...more

TSR Updated to Expand Recordkeeping Obligations; Cover B2B Telemarketing Representations; May Expand to Inbound Tech Support...

The beginning of 2024 has brought with it a decided regulatory focus on telemarketing. In the past couple of months, we’ve written about several important FCC actions related to the Telephone Consumer Protection Act (TCPA),...more

FCC Adopts Changes to TCPA Consent Revocation Rules

At its most recent open meeting on February 15, 2024, the Federal Communications Commission (FCC or Commission) voted unanimously to adopt yet another round of rule changes related to the Telephone Consumer Protection Act...more

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