If you are in e-commerce, web development, or you’re just an average/avid internet shopper, you probably have seen the term “dark pattern” lately. But what exactly are Dark Patterns? In 2022, the Federal Trade Commission released a report (“Bringing Dark Patterns to...
According to the federal district court in Arizona, a Multimedia Messaging Service (“MMS”)—a text message with visual and, if you choose, audio content—does not violate the prerecorded voice provisions of the TCPA if the text messages does...
Typically a member of a certified class in a TPCA case need not do anything to become a class member. The named plaintiff does the work of identifying potential class members and providing them with notice. The people receiving notice will automatically be a class...
The Eleventh Circuit recently held that the receipt of a single unwanted text message causes a sufficient enough injury for a plaintiff to maintain a Telephone Consumer Protection Act (“TCPA”) claim. The case is Drazen v. Pinto. Background:...
Text Messages Do Not Include Artificial Or Prerecorded Voices For TCPA Purposes A federal appellate court has held that, under the Telephone Consumer Protection Act (“TCPA”), text messages don’t contain artificial or prerecorded voices. The case is Trim v. Reward Zone...
TCPA Class Expert’s Testimony Excluded and Class Certification Denied Capital One just scored a major victory by getting TCPA class expert Anya Verkhovskaya’s testimony excluded. The court also denied class certification due to plaintiff’s reliance on Ms....
Changes to New Jersey’s telemarketing restrictions become effective December 1, 2023 thanks to New Jersey recently making some changes to N.J. Stat § 56:8-128, titled “Requirements relative to telemarketing sales calls.” If you work in the telemarketing industry,...
USCIS announced a welcome increase in the validity period of employment authorization documents (EADs) for some categories of work permit. Some of the primary beneficiaries of this change are - Refugees and asylees- Individuals granted withholding of removal-...
Town of Leesburg, VA Zoning Ordinance Rewrite Project The Town of Leesburg, VA plans to rewrite its zoning ordinance for better alignment with the policies set by the Legacy Leesburg Town Plan adopted in March 2022. The rewrite will bring the ordinance into compliance...
When will the Maryland Mini-TCPA go into effect? Maryland is passing a mini-TCPA regulating the act of telephone solicitation called “Stop the Spam Calls Act of 2023.” While this act does not go into effect till January 1, 2024, it’s never too early to familiarize...
With the passage of Initiative 82 in D.C. last November, the capital will be phasing out tipped minimum wage by July 1, 2027. This means that employers in the District will be responsible for paying all employees the standard minimum wage. Currently, employers with...
A new Form I-9 for Employment Eligibility Verification Form I-9 is now available on the USCIS website. The form will be available on August 1, 2023. USCIS is also releasing new rules for document examination. Under these rules, E-Verify employers may remotely examine...
Changes to NDA and Confidentiality Agreements As of July 1, 2023, Virginia prohibits clauses in NDA, confidentiality, or non disparagement agreements which have the purpose or effect of concealing sexual harassment. Previously existing law in Virginia prevented...
The Florida Telephone Solicitation Act (“FTSA”), Fla. Stat. § 501.059, has been a thorn in the side of the telemarketing industry since its enactment. A recent amended to the FTSA provided much needed relief. On May 25, 2023, the Governor of Florida signed a...
Employers should be reminded of the upcoming end of Covid-19 flexibility pertaining to I-9 record keeping. The Form I-9 is used to verify employment authorization and identity when a company hires a new employee. Historically, this has required in-person review of...
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