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Benesch

Second Circuit Explodes Scope of VPPA with New Ruling in Salazar

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The Second Circuit’s decision in Salazar v. NBA, No. 23-1147 (2d Cir. Oct. 15, 2024) creates significant risk for companies that offer videos for viewing on their websites and significantly expands potential liability under...more

Morrison & Foerster LLP - Social Media

Lawrence W. Gallick On Toth V. Everly Well, Inc.

On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to Lawrence Gallick (of counsel in Morrison Foerster’s Austin office) about the case...more

Amundsen Davis LLC

Democratizing the Defense to Doxing: New Attorney Fee Awards for Victims Alters Paradigm

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Defamation is the line between free and unlawful speech. Doxing is the disclosure of another’s personally identifiable information with the intent to bring the internet’s violent speech to their front door. Online defamation...more

Orrick, Herrington & Sutcliffe LLP

FCC warns gateway provider not to transmit “illegal” robocalls

On October 18, the FCC issued a public notice to all US-based voice service providers regarding a cease and desist letter that it had sent to a “gateway” telecommunications provider instructing it to halt transmission of...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 36: Crisis Communications for Employers with Heather Matthews of NP...

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In episode 36, Tina and Cherie are joined by their colleague Heather Matthews, CEO of NP Strategy, the public relations and crisis communications subsidiary of Maynard Nexsen. Heather shares how NP Strategy collaborates with...more

Ius Laboris

Can Digital Dismissal Satisfy ‘Written Notice’ Requirements?

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New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these ‘alternative’ communication methods?...more

WilmerHale

Web Trackers Pose New Regulatory, Legal Headaches for Companies

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Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers. Gone are the days where marketing...more

Troutman Pepper

North Carolina AG Sues Timeshare Company for Unsolicited Robocalling

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On October 18, North Carolina Attorney General (AG) Josh Stein filed a complaint against timeshare company Club Exploria, LLC, for allegedly using robocall machines to make unsolicited calls to consumers....more

Morgan Lewis - Tech & Sourcing

Digital Trade Winds What to Expect from WTO's Joint Initiative on Ecommerce

According to OECD data, by 2020 digital trade represented 25% of global trade, amounting to just under $5 trillion. Digitalization of economy is on the agenda for many national governments as they come to appreciate the...more

Fox Rothschild LLP

Political Influencers: Entering a New World

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Unless you live under a rock, your news feed has been dominated by the upcoming presidential election and opinions about the respective images and branding embodied by the candidates. What seems different this time is the...more

Perkins Coie

UK Online Safety Act: A Look Ahead

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Ofcom, the U.K. Online Safety Act (the Act) regulator, released an updated roadmap on the timing of obligations for covered services on October 17, 2024. The Act was passed in October 2023 and introduces new legal obligations...more

Husch Blackwell LLP

Massachusetts Supreme Judicial Court Issues Opinion Holding Website Tracking Tools Do Not Violate State Wiretapping Law

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Keypoint: Massachusetts’ highest court ruled the use of software that tracks users’ activity on its website does not violate the state’s Wiretap Act, which was intended to prevent the recording or interception of...more

Kilpatrick

N.C. district court makes clear that cell phone may constitute a residential phone in denying motion to dismiss TCPA class action

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A North Carolina federal district court recently denied a motion to dismiss a putative class action alleging violations of the Telephone Consumer Protection Act (“TCPA”) based on the receipt of text message solicitations....more

EDRM - Electronic Discovery Reference Model

Is a Web Bug a Wiretap?

In Vita v. New England Baptist Hosp., __ Mass __, __ N.E.3d __, 2024 WL 4558621 (Mass. Oct. 24, 2024), the court held that the Massachusetts wiretap statute does not criminalize interception of web browsing and sale of the...more

Troutman Pepper

CFPB and Massachusetts AG Win $50M Judgment Against Credit Repair Services Company

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A federal district judge in Massachusetts entered a nearly $51 million judgment against Commonwealth Equity Group LLC (d/b/a Key Credit Repair) and its CEO after granting summary judgment in favor of the Consumer Financial...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Post-Election First Look: How the Election May Impact Communications Service Providers - November 12th, 12:00 pm - 1:00...

The 2024 election cycle, one of the longest and most contentious in U.S. history, will culminate Election Day on November 5. However, many aspects of the election are expected to be close and uncertainty may reign for some...more

Kelley Drye & Warren LLP

State AGs Aim Spotlight on Robocall ​“Gateway” Service Provider

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Combatting robocalls has been and continues to be an important area of enforcement for State Attorneys General, as we have previously reported. On October 18, 2024, the Anti-Robocall Multistate Litigation Task Force (Task...more

Seyfarth Shaw LLP

Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

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In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that...more

Orrick, Herrington & Sutcliffe LLP

FCC expands its Privacy and Data Protection Task Force partnerships

On October 21, the FCC announced that its Privacy and Data Protection Task Force formed additional partnerships with the Attorneys General of Massachusetts, Maine, Vermont, Delaware, and Indiana. These new partnerships join...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - October 2024

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To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more

Ballard Spahr LLP

Supreme Court accepts case seeking to determine whether district courts must accept FCC’s interpretation of TCPA

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The U.S. Supreme Court has agreed to consider a case that could clarify whether the Hobbs Act, which limits judicial review of FCC final orders to appeals courts, means that district courts must accept the FCC’s...more

Troutman Pepper

Indiana Appellate Court Grapples With State AGs’ Personal Jurisdiction Over Digital Platforms

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On September 30, a three-judge panel unanimously ruled that the State of Indiana has personal jurisdiction over TikTok, reversing a trial court decision dismissing Indiana’s action. Originally published in Westlaw Today -...more

Lerman Senter PLLC

What the FTC's Click to Cancel Rule Means for Subscription Services

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Subscription-based services are a lynchpin of the services industry and the current focus of the Federal Trade Commission’s (FTC) new “click to cancel” rule. Responding to customer complaints focusing on the difficulty of...more

Klein Moynihan Turco LLP

Grocery Store Hit with Internal Do Not Call (“DNC”) List Compliance Class Action

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On September 10, 2024, La Tropicana Food L.P. (“Defendant”) was sued in the United States District Court for the Northern District of California for allegedly violating the Internal Do Not Call (“DNC”) list compliance...more

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