July 6, 2021 - Privacy, TCPA

TCPA-Like Florida Law Takes Effect

Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private …›

Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer

The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an automatic …›

February 10, 2021 - Privacy, Product Liability

Deepfake Litigation Risks: The Collision of AI’s Machine Learning and Manipulation

AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing …›

January 19, 2021 - Class Action, Privacy, TCPA

Privacy Litigation 2020 Year in Review: TCPA Litigation

In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the …›

January 12, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: BIPA Litigation

Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products …›

January 6, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: CCPA Litigation

In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given …›

January 4, 2021 - Class Action, Privacy

Privacy Litigation 2020 Year in Review: Data Breach Litigation

2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, we will cover the key litigation developments arising out of data breaches, the California Consumer Privacy Act, the …›