David Krueger

Nov 15, 2024 | jdsupra.com | Meegan Brooks |Emily Johnson |David Krueger

Backgroundof Heckman v. Live NationThe Plaintiffs in Heckman bought tickets to live entertainment events – promoted by Live Nation Entertainment, Inc. and sold through Ticketmaster LLC’s website – then later instituted a putative antitrust class action against Defendants Live Nation and Ticketmaster, alleging anticompetitive practices in online ticket sales.

Nov 30, 2023 | jdsupra.com | Mark S. Eisen |David Krueger

The proposed rule covers various topics, but of critical importance for retailers is the FCC’s proposed “fix” to the so-called “lead generator loophole.” Once enacted, the new rule will require marketers and sellers to obtain direct one-on-one consent with a consumer for prior express written consent under the Telephone Consumer Protection Act (TCPA) before making calls using regulated technology.

Aug 23, 2023 | jdsupra.com | David Krueger

Cermak Produce No. 11, Inc. (Cermak), the defendant in this case, had been sued by a former employee in an underlying case for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) by, amongst other things, failing to disclose to employees the purpose or duration for which it retained personal identifying information and by disclosing employees' biometric information to its timekeeping vendor without consent (Underlying Action).

Aug 15, 2023 | jdsupra.com | David Krueger

The Northern District of California’s recent decision in Greenley v. Kochava, Inc. offers insight on some of the hot issues in the realm of data privacy for businesses operating in the digital space, particularly those involved in data brokering and app development. Kochava, Inc., the defendant, is a data broker that provides a software developer kit (SDK) to app developers to assist them in developing their apps.

Aug 9, 2023 | jdsupra.com | David Krueger

Unfortunately, the FCC’s pronouncements are often vague, ambiguous, and conflicting. And defendants staring down the barrel of a TCPA class action often have no way to combat the FCC’s broad pronouncements.  Under something called the Hobbs Act, courts frequently treat FCC proclamations as gospel, regardless of whether the FCC’s statements are ambiguous, internally contradictory, or even contradictory with the plain language of the TCPA. In Ambassador Animal Hosp., Ltd. V.