Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Strange Brew: Restaurant Texting Case Highlights Importance of Maintaining TCPA Records

Digital Marketing, Privacy, Telephone Consumer Protection Act
Businesses using automated text messaging campaigns to market to its existing and prospective customers should heed the lessons of a Telephone Consumer Protection Act (TCPA) decision out of the Western District of Missouri examining the legality of a brewhouse chain's SMS marketing campaign. What is the TCPA anyway? To back up, the TCPA imposes detailed restrictions on businesses engaging in telemarketing and---of particular importance to not a few of my business clients---the use of what the Act refers to as an "automatic telephone dialing system" (ATDS) to send such automated text messages to recipients. Let's be clear, as a business owner, you shouldn't be fooled by the “telephone” portion of the TCPA moniker. The Federal Communications Commission (the federal agency tasked with TCPA enforcement) has already concluded that cell phones…
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Does My Website App Need A Separate Cookie Policy, Too?

Does My Website App Need A Separate Cookie Policy, Too?

CCPA, Contracts, GDPR, Privacy, Terms of Service
Perfect Chocolate Chip Cookies by Kimberly Vardeman Creative Commons Attribution 2.0 Generic (image cropped) I’m often asked by potential (and even existing) clients whether their company's website or app needs an actual, separate Cookie Policy, or whether it’s sufficient to address Cookies in their privacy policy or statement alone? In this post, we explore what the Cookie Policy is, the main laws that are currently applicable, and the legal and practical considerations of separating your Cookie Policy from your Privacy Policy (which you, of course, already have right?). What are Cookies anyway? [Experienced website owners and developers may want to skip ahead] To step back a bit, “cookies” are small text files that store data on your device your computer, smartphone, or other device, which are sent to a specific…
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Doing “Business” in CA? The CCPA Regulations Are Now Effective

Doing “Business” in CA? The CCPA Regulations Are Now Effective

Data Protection, Privacy, Terms of Service
Keyboard Computer Empty Private by geralt via Pixabay For those of you who have been wondering when the California Consumer Privacy Act regulations (which California Attorney General Xavier Becerra submitted to the Office of Administrative Law back in June) would be approved, you now have your answer: The regulations (which can be found here) were approved and went into immediate effect on August 14, 2020. While the CCPA’s formal enforcement date actually began on July 1st, approval and implementation of the finalized regulations now means that the California AG can bring enforcement actions against companies they've deemed to be in violation of the CCPA. As an e-commerce attorney who has been working with startups and more established companies on their online terms of service, privacy policies, and other disclosures to…
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Does California’s New Data Privacy Law Apply to My Business?

Does California’s New Data Privacy Law Apply to My Business?

Data Protection, E-Commerce, Privacy
Starting January 1, 2020, the California Consumer Privacy Act (CCPA), far and away the broadest consumer data privacy law passed by any State to date, goes into effect.   What is the CCPA? CCPA grants California "consumers" extensive rights as to how their personal information is collected, stored, and used, as well as gives them a private cause of action against businesses who violate its requirements.   For businesses (including those not even located in California) that collect or process the personal information of California consumers, CCPA includes very specific disclosure requirements for those consumers, as well as stiff statutory penalties for failure to comply.   As with the implementation of the EU's General Data Protection Regulation (GDPR) last year, CCPA is causing much hand-wringing among owners and management of…
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Can I Tape Record a Conversation Like in ‘Succession’?

Can I Tape Record a Conversation Like in ‘Succession’?

Popular Culture, Privacy, Uncategorized
HBO's "Succession" is one of my favorite shows going, and easily one of the best things on TV. It's not even a debate. The subplot of a recent episode, in which one of the less scuzzy supporting characters (Greg) secretly tapes his conversation with far sleazier boss (Tom) in order to have evidence of Tom ordering him to destroy, well, evidence, provided a fine excuse to cover the question: Is it illegal to secretly tape record your live conversation with someone? Arizona is a "One-Party" State No, I am not talking politically.  When it comes to recording a conversation you're having, Arizona is what is known as a "one-party" or "single-party" consent state. Under Arizona Revised Statutes §13-3005, it is a felony for you to intentionally "intercept" a conversation or…
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