David Klein

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Articles

ECJ tightens standards for the criteria of necessity

2 months ago | taylorwessing.com | David Klein

In its decision in case C-394/23 of 9 January 2025, the ECJ dealt with the requirement of necessity and its relationship to data minimization. According to the court, controllers must consider whether the intended purpose cannot be achieved in a comparable way by other means. This considerably limits the flexibility in designing business processes. BackgroundThe ECJ's decision was based on a request for a preliminary ruling from the French Conseil d'État (Council of State).
Can't Teach An Old Dog New CIPA Claim Tricks

2 months ago | mondaq.com | David Klein

Despite some favorable rulings, lawsuits alleging California Invasion of Privacy Act("CIPA") claims against companies that use third-partytracking technology to collect consumer data on their websites showno signs of slowing down. This fact is illustrated by two recentCalifornia State court lawsuits which allege CIPA claims forDefendants' alleged use of third-party tracking technology ontheir websites. In Tulin v.
Revisiting The Second Circuit's ADA Lawsuit Standard

Jan 28, 2025 | mondaq.com | David Klein

In June 2022, the United States Court of Appeals for the SecondCircuit decided the matter of Calcano v. SwarvoskiNorth America Ltd. In Calcano, Plaintiffs, who arevisually impaired, filed an Americans with Disabilities Act("ADA") lawsuit against Defendant for not carryingbraille gift cards in its stores. As our readers are aware, Title III of the ADAprohibits discrimination on the basis of a disability "in thefull and equal enjoyment of the goods [and] services . . .
Sweepstakes Winner Affidavits

Jan 23, 2025 | mondaq.com | David Klein

The culmination of every successful sweepstakes promotion involves the picking of a winner, ormultiple winners, as applicable. Winner selection also provides thesweepstakes operator with the opportunity to generate positivepublicity through the publication of the winner's name andlikeness.
FTC Takes Aim At Deceptive Earnings Claims

Jan 21, 2025 | mondaq.com | David Klein

This week, the Federal Trade Commission ("FTC")proposed changes to the Business Opportunity Rule, together with thepossible enactment of a new Earnings Claim Rule. Due to the increasingnumber of individuals seeking work-from-home arrangements,deceptive potential earnings claims are becoming more problematic. Earnings claims are especially prevalent in the multi-levelmarketing ("MLM") and money-making opportunity arenas.
Federal Wiretapping Claims - The Next Frontier?

Jan 14, 2025 | mondaq.com | David Klein

Readers of this blog may recall a recent favorable decision handed down byMassachusetts State's highest court in which it found thatMassachusetts Wiretap Act claims ("MWA") do not extend toconsumer interactions with websites. This decision seemingly dealta death blow to the viability of future Internet-specific MWAclaims.
TCPA Lawsuits Should Be Closely Scrutinized

Jan 10, 2025 | mondaq.com | David Klein

Last month, in Lawson v. Nations Health Grp., Inc. ("Defendant"), a magistrate judge for the United StatesDistrict Court for the Southern District of Florida issued a usefuldecision for Telephone Consumer Protection Act ("TCPA")defendants. In the Lawson proceeding, Plaintiff suedDefendant for allegedly calling him, at least four times, withoutconsent. In his TCPA lawsuit, Plaintiff alleged that thesetelemarketing calls violated the National Do-Not-Call ("NDNC")Registry provisions of the TCPA.
Insurance Company Hit With TCPA Claim

Jan 9, 2025 | mondaq.com | David Klein

A recent class action lawsuit filed in a Texas federal courtasserts a Telephone Consumer Protection Act("TCPA") claim against American Family Life AssuranceCompany, Inc. ("AFLAC") for allegedly placing unsolicitedtelephone calls to consumers whose phone numbers appeared on the National Do Not Call Registry ("NationalDNC").
DNC Demand Letters Are A Serious Matter

Dec 10, 2024 | mondaq.com | David Klein

As our readers are aware, companies risk substantial penalties for failure to abide by federal Do-Not-Call ("DNC") regulations. Many DNC lawsuits, that eventually end in judgment or settlement, were preceded by DNC demand letters. The DNC registry was enacted by the Federal Trade Commission ("FTC"), with the help of the Federal Communications Commission ("FCC"), under the authority granted to it by the Telephone Consumer Protection Act ("TCPA").
TCPA One-To-One Consent - Are You Ready?!

Dec 8, 2024 | mondaq.com | David Klein

The worlds of telemarketing and lead generation will see significant change next month. Industry change of this magnitude was last seen in October of 2013, when the Telephone Consumer Protection Act ("TCPA") was amended to require "prior express written consent" to deliver certain telemarketing calls to consumers. Enter TCPA One-to-One Consent. On January 27, 2025, the TCPA will require that consent to call/text consumers via automated means must be obtained one "seller" at a time.