Nick Whisler

March 3, 2021
Virginia Enacts Consumer Data Protection Act

As expected, Virginia became the second U.S. state to enact a sweeping data privacy law. The Virginia Consumer Data Protection Act (VCDPA) borrows heavily from California’s data privacy laws (CCPA

October 13, 2020
California AG Proposes Edits to CCPA Regulations

In August, just before the California Office of Administrative Law (OAL) approved CCPA regulations, the Office of the Attorney General (OAG) withdrew several provisions from its draft regulations. The OAG

September 29, 2020
California Governor Signs Legislation to Create “Mini-CFPB” and License Debt Collectors

On September 25, California Governor Gavin Newsom signed a series of bills, including AB 1864, which establishes the Department of Financial Protection and Innovation (DFPI) with the stated goal of

September 25, 2020
Round-up of Recent Privacy Developments

By: Nick Whisler and Josh Stevens The past several weeks have brought a flurry of U.S. and international privacy developments. To help you stay on top of the everchanging landscape,

August 17, 2020
California Formally Approves CCPA Regulations

In June, the California attorney general submitted “final” CCPA regulations to the Office of Administrative Law (OAL) for approval. Last Friday, the state released the text of the Approved Regulations

August 4, 2020
Sixth Circuit Weighs in on ATDS Definition

Last week, in Allan v. Pa. Higher Educ. Assistance Agency, the Sixth Circuit became the latest court of appeals to consider what functionality a system must possess to be an

July 9, 2020
U.S. Supreme Court Agrees to Take On ATDS Definition Case

The U.S. Supreme Court has agreed to hear arguments in Duguid v. Facebook, a case that will hopefully settle at last how an automatic telephone dialing system (ATDS) is defined

July 6, 2020
BREAKING: Supreme Court Invalidates Government-Backed Debt Collection Exception, Upholds Rest of TCPA

In 2015, Congress exempted calls made to collect debts owed to or guaranteed by the United States from the TCPA’s autodialer restrictions. Today, in Barr v. American Association of Political

June 29, 2020
CCPA Enforcement Begins This Week

Effective Wednesday, July 1, 2020, the California Attorney General may begin enforcing the California Consumer Protection Act (CCPA). Passed just over two years ago, the CCPA requires regulated businesses to

June 4, 2020
What is an Advertisement? How Much Deference Should Courts Give FCC Orders?

One of the most hotly contested issues in TCPA litigation is whether a communication qualifies as an advertisement. For faxes, the determination impacts whether the TCPA applies at all. For