If you run an ecommerce brand or handle marketing compliance, you’ve probably heard about Texas Senate Bill 140 (SB 140) and its potential impact on text message marketing. Earlier this month, a group of plaintiffs, including an industry association and two e-commerce companies, asked a federal court in Austin to block the state from enforcing
As FTC Chair Andrew Ferguson establishes his enforcement priorities, his positions on data categorization and surveillance pricing reveal a consistent philosophy that balances privacy protection with innovation. This is the third post in our series on what to expect from the FTC under Ferguson as chair.
Our previous posts examined Ferguson’s broad regulatory philosophy of
While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in particular: children’s privacy and location data. This is the second post in our series on what to expect from the FTC under
The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission (FCC) introduced two key consent requirements to alter the TCPA, with these changes set to take effect on January 27, 2025. First
The final text of the amended Negative Option Rule, featuring the new “Click to Cancel” program, goes into effect this week on Wednesday, January 15, 2025, and should become enforceable approximately four months later on Wednesday, May 14, 2025. The FTC believes that this rule will help the FTC get money back
Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as, “This website uses cookies. By clicking ‘accept,’ you consent to the use of all cookies.” Many states require companies to provide
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data Protection Board (EDPB), and how those findings may affect future models where privacy is considered “for sale.”
This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer safety advocates, and anti-drug coalitions on one hand, and the DEA, privacy experts, and constitutional scholars on the other.
As currently
California, home to the highest number of registered vehicles in the U.S., is at the forefront of a critical issue – the privacy practices of automobile manufacturers and vehicle technology firms.
The California Privacy Protection Agency (CPPA), the state’s privacy enforcement authority, has messaged that it is launching an enforcement initiative. This initiative seeks to
The Department of Defense Inspector General (DoDIG) recently released its “Audit of the DoD’s Implementation and Oversight of the Controlled Unclassified Information [CUI] Program” (DODIG-2023-078). The audit highlights some of DoD’s challenges in implementing the CUI Program and provides recommendations on how to make the program work better. The DoD’s response to the
Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act (TIPA), and Governor Bill Lee signed TIPA into law on May 11, 2023.
TIPA marks a significant development in data privacy