On November 20, 2025, the Illinois Supreme Court issued a decision that may help defendants establish that Illinois State Court plaintiffs lack standing when they have not suffered actual harm. In Fausett v. Walgreen Company d/b/a Walgreens, 2025 IL 131444
What was intended as a safeguard against abusive telemarketing is being twisted into a potentially far more sweeping restriction, raising serious First Amendment concerns for corporate communicators of people’s contact information. Colorado’s Prevention of Telemarketing Fraud Act’s (“PTFA”) listing provision
Since our last TCPA update, the biggest development was the Supreme Court’s ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., which we wrote about here, which established that federal courts are not bound by the FCC’s interpretation of
The recent announcement by the states of California, Colorado and Connecticut that they are working together to carry out a joint investigative sweep has raised eyebrows across the privacy world. Last week, California Attorney General Rob Bonta, the California Privacy
Faced with waves of consumer lawsuits targeting common website tools like browser cookies, tracking pixels, and live chat features, businesses are often frustrated by the outsized exposure posed by seemingly “no-injury” claims. (See, for example, last week’s post about CIPA
In a significant First Amendment ruling, the Fifth Circuit in Spectrum WT v. Wendler held that a drag show hosted by an LGBTQ+ student organization at West Texas A&M University qualifies as expressive conduct. The decision underscores that drag performances,
When we speak to clients about online privacy issues, they almost always mention the CCPA – California’s Consumer Privacy Act that regulates the collection and use of personal data. But unless they have already faced a lawsuit, pre-suit demand, or
With its recent ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ___ (2025), the U.S. Supreme Court has continued its trend of reining in the power of agencies and giving litigants more avenues to push back against
On May 29, 2025, the New Jersey Court of Appeals reversed dismissal in Satz v. Starr, No. A-2785-23, 2025 WL 1522032 (N.J. Super. Ct. App. Div. May 29, 2025), holding that the plaintiff’s voluntary dismissal of his claims did not
California is a bellwether for privacy laws, which is why we’ve been watching carefully as recent events suggest that business-friendly interests may be gaining a foothold in what has historically been one of the most restrictive states in the country.
