On April 7, 2025, the Federal Communications Commission (“FCC”) announced that it would delay portions of a significant new rule pertaining to the revocation of consumer consent under the Telephone Consumer Protection Act...more
On April 4, 2025, the Federal Communications Commission (“FCC”) revealed that it will not support a rehearing of the Telephone Consumer Protection Act (“TCPA”) 1:1 consent requirement for robocalls/texts (“1:1 Consent Rule”)...more
4/9/2025
/ Appeals ,
Consent ,
FCC ,
Intervenors ,
Prior Express Consent ,
Regulatory Authority ,
Robocalling ,
Rulemaking Process ,
Statutory Interpretation ,
TCPA ,
Telemarketing
The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...more
On March 12, 2025, Federal Communications Commission (“FCC”) chair, Brendan Carr, opened a new docket titled In Re: Delete, Delete, Delete (the “Notice”), asking for the public’s help in identifying “unnecessary” FCC rules,...more
With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more
1/29/2025
/ Consumer Privacy Rights ,
Cookies ,
Cyber Incident Reporting ,
Data Breach ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Privacy Laws ,
Risk Management ,
Security and Privacy Controls ,
Sensitive Personal Information ,
State Privacy Laws
Two major developments hit the Telephone Consumer Protection Act (“TCPA”) landscape on January 24, 2025, just three days before the new Federal Communications Commission’s (“FCC”) new rule requiring telemarketers to obtain...more
On January 27, 2025, the new Federal Communications Commission (“FCC”) rule requiring telemarketers to obtain one-to-one consent for robocalls/texts is scheduled to go into effect. Expanding on the Telephone Consumer...more
1/22/2025
/ Compliance ,
Consent ,
Consumer Protection Laws ,
Effective Date ,
Enforcement Actions ,
FCC ,
Final Rules ,
Lead Generators ,
Marketing ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more
12/18/2024
/ Administrative Authority ,
Advertising ,
Certiorari ,
Chevron Deference ,
Corporate Counsel ,
Faxes ,
FCC ,
Hobbs Act ,
Legal History ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
TCPA ,
Unsolicited Faxes
On February 15, 2024, the Federal Communications Commission (“FCC”) adopted the Draft Report and Order and Further Notice of Proposed Rulemaking (“Report and Order”) that it released last month under the Telephone Consumer...more
The Colorado Privacy Act (CPA) requires that beginning on July 1, 2024, businesses provide consumers with the ability to opt-out of the use of targeted advertising cookies using a Universal Opt-Out Mechanism (UOOM). A UOOM is...more
A fax is a fax is a fax… or is it? In a recent ruling in the long-running TCPA junk fax case Career Counseling, Inc. v. AmeriFactors Financial Group, the Fourth Circuit Court of Appeals held that the statute’s prohibition...more
2/7/2024
/ Ascertainable Class ,
Chevron Deference ,
Class Action ,
Class Certification ,
Declaratory Rulings ,
Electronic Communications ,
Faxes ,
FCC ,
Hobbs Act ,
Online Platforms ,
TCPA ,
Unsolicited Faxes
Does your business use text message marketing, telemarketing or faxing? If so, you may be exposing yourself to multi-million dollar liability under the Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts...more
On September 21, 2023, the Colorado Division of Insurance adopted a Final Regulation implementing S.B. 21-169, the 2021 law governing Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS),...more
11/30/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Consumer Privacy Rights ,
Data Collection ,
Final Rules ,
Insurance Industry ,
Life Insurance ,
NAIC ,
Predictive Analytics ,
Risk Management ,
Underwriting
On June 16, 2023, Nevada Governor Joe Lombardo signed SB 370 into law. This new law is a consumer health data bill that is similar in many ways to Washington’s My Health My Data Act (MHMDA). SB 370, like most provisions of...more
To date, US non-profit organizations have enjoyed an exemption from the state omnibus privacy laws. That’s about to change. Unlike the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA),...more
On March 15, 2023, the Colorado Attorney General’s Office announced the finalization of the Regulations implementing the Colorado Privacy Act (CPA), which will take effect on July 1, 2023. Covered businesses that make use of...more
Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more
4/27/2023
/ Artificial Intelligence ,
Bias ,
Compliance Dates ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Machine Learning
The concept of Sensitive Personal Information (SPI) has made its way into new and emerging US privacy laws. The usual challenges associated with a novel privacy obligation certainly apply to Sensitive Personal Information,...more
On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more
10/24/2022
/ Biden Administration ,
Compliance ,
Compliance Dates ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
Foreign Intellgence ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Intelligence Agencies ,
National Security ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance