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ActiveProspect and What If Holdings, LLC, recently won their motion to dismiss Plaintiff’s complaint for violations of the wiretapping provision of CIPA, California’s Unfair Competition Law, and right to privacy under the California Constitution.
According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of...
Ninth Circuit’s new ruling in Berman is a critical decision that appears to change or at least clarify the rules around using webform disclosures. For Javier vs. Active TrustedForm may constitute wire tapping under California law, and development in ATDS functionalities
Plaintiff bar shouldn't be bullish on applying California Penal Code 631 to website visits, defense bar will find footing. Website operators likely safe to record information about traffic but not secretly monitor web traffic, record keystrokes, monetize non-anonymized data.
Federal Trade Commission FTC new prorposed rules and fines for Record Keeping of Do Not Call Registry the Format Need as Proof of Consent -Commission proposestelemarketers to maintain records of that consumer’s name, phone number, a copy of the consent requested , a copy of the consent provided, the date provided consent, and the purpose for which consent was given