Companies should brace for another surge in California Invasion of Privacy Act (CIPA) claims after two federal court decisions may encourage plaintiffs to file even more claims relating to website analytics tools. No industry...more
9/6/2024
/ Analytics ,
Appeals ,
California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Class Action ,
Demand Letter ,
Invasion of Privacy ,
Popular ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
Websites
On August 7, 2024, the Federal Communications Commission (FCC), continuing to build on last year’s Notice of Inquiry regarding AI-generated calls under the Telephone Consumer Protection Act (TCPA), unanimously issued a Notice...more
On May 6, 2024, Georgia Governor Brian Kemp signed into law SB 73, which amends Georgia’s existing telemarketing laws, officially adding Georgia to the growing patchwork of states across the country that have introduced their...more
On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more
Beginning in late 2023, plaintiffs have filed dozens of putative class action lawsuits against companies that sell tickets to entertainment venues and events in New York. These suits arise from allegations that companies are...more
On February 15, 2024, the Federal Communications Commission (FCC) published a Report and Order (Order) that attempts to clarify the rules for revoking consent under the Telephone Consumer Protection Act (TCPA). Most notably,...more
Eversheds Sutherland presents our 8th annual TCPA year-in-review report highlighting key TCPA issues and trends. Few industries are immune from TCPA liability. In 2023, the insurance, financial services, energy and health...more
Technological advances, especially in Artificial Intelligence and quantum computing, will continue to amaze in the coming years. They will open up vast new opportunities while presenting profound regulatory, litigation, and...more
3/1/2024
/ Artificial Intelligence ,
Business Losses ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
NAIC ,
Popular ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Technology ,
Website Design ,
Websites
On February 8, 2024, the Federal Communications Commission (FCC) issued a News Release titled “FCC Makes AI-Generated Voices in Robocalls Illegal.” Despite this attention-grabbing headline, the FCC’s unanimous Declaratory...more
The Federal Communications Commission (FCC) has adopted new rules that will limit businesses’ ability to rely on lead generators and comparison shopping websites to attract new customers. In an Order issued December 13, 2023,...more
Although the Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1, et seq. was largely ignored by plaintiffs’ attorneys until this year, its substantial statutory penalties and recent case law make it an enticing...more
11/14/2023
/ Attorney's Fees ,
Class Action ,
Employer Liability Issues ,
Genetic Testing ,
Insurance Industry ,
Privacy Laws ,
Private Right of Action ,
Putative Class Actions ,
State Privacy Laws ,
Statutory Penalties ,
Underwriting
The list of states with new or amended telemarketing statutes, sometimes known as “mini-TCPAs,” is growing. A flurry of state legislative activity has created a patchwork of often-conflicting laws that companies must navigate...more
10/5/2023
/ Amended Legislation ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
New Legislation ,
Private Right of Action ,
Robocalling ,
State and Local Government ,
Statutory Penalties ,
TCPA ,
Telemarketing
On May 25, 2023, Florida Governor Ron DeSantis signed a significant amendment to the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), sometimes referred to as the Florida mini-Telephone Consumer Protection Act...more
Enacted in in 1988 after Judge Robert Bork’s video rental history was leaked by a store clerk and published in a newspaper profile about the Supreme Court nominee, the Video Privacy Protection Act (VPPA) was the result of...more
Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more
In a flurry of activity at its meeting on March 16, 2023, the Federal Communications Commission (FCC), finalized rules aimed at robocaller identification and mobile carrier requirements, and proposed a new rule for comment...more
For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more
3/9/2023
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Cause of Action Accrual ,
Class Action ,
Data Collection ,
Data Privacy ,
Fingerprints ,
IL Supreme Court ,
Jury Verdicts ,
Privacy Laws ,
Statute of Limitations ,
Statutory Violations
The year 2023 will continue to have cybersecurity and data privacy front of mind for General Counsels. With sweeping new US and global laws and regulations coming online and the California Privacy Protection Agency (CPPA)...more
3/3/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Sensitive Personal Information
In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...more
In a unanimous Declaratory Ruling and Order (Order) issued on November 21, 2022, the Federal Communications Commission (FCC) found that a “ringless voicemail,” which delivers a message directly to a consumer’s voicemail,...more
As any fan of Sherlock Holmes can attest, identifying a person through their unique biological characteristics, such as fingerprints, is nothing new. Harnessing the power of cutting-edge technology and Artificial Intelligence...more
A statutory “safe harbor” within the Telephone Consumer Protection Act (TCPA) may have become a bit safer after a federal court reinforced what defendants must do to secure statutory protection from high-dollar TCPA lawsuits....more
A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more
12/9/2021
/ Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Do Not Call List ,
FCC ,
Private Right of Action ,
Putative Class Actions ,
TCPA ,
Text Messages
The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more
12/6/2021
/ Auto-Dialed Calls ,
Databases ,
Do Not Call List ,
Due Diligence ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Robocalling ,
Safe Harbors ,
TCPA ,
Telecommunications ,
Telemarketing ,
Third-Party Service Provider
On April 1, 2021, the US Supreme Court issued its long-awaited landmark ruling in Facebook v. Duguid, resolving a Circuit Court split on the definition of an automatic telephone dialing system (ATDS) under the Telephone...more