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Nick Whisler

April 10, 2020
Second Circuit Causes Additional Confusion About ATDS Definition

After recent opinions from the Seventh Circuit (Gadelhak) and Eleventh Circuit (Glasser), a narrow interpretation of automatic telephone dialing system (ATDS) seemed to be gaining traction. Both held that a

March 12, 2020
California AG Releases Version 3 of Proposed CCPA Regulations

Last month, the California AG released Version 2 of its proposed CCPA regulations. Version 2 made significant changes to the original draft released last October. Yesterday, the AG released Version

February 20, 2020
Narrow ATDS Definition Gaining Traction After 7th Circuit Opinion

Less than a month after the 11th Circuit adopted a narrow interpretation of automatic telephone dialing system (ATDS), the 7th Circuit followed suit. In Gadelhak v. AT&T Servs., the court

February 10, 2020
California AG Issues Modifications to Proposed CCPA Regulations

Late Friday, the California Attorney General’s Office (“CAG”) released substantial modifications to the draft California Consumer Privacy Act (“CCPA”) regulations it proposed last October. Although several changes consist of minor

January 10, 2020
New York Adopts Significant Changes to its Telemarketing Laws

Within the past several weeks, New York passed SB4777, SB1826, and AB117, creating the following important changes to the state’s rules governing the telemarketing industry: All outbound telemarketing calls must

October 10, 2019
California AG Drops Proposed CCPA Regulations

Last month, the California legislature passed several bills to amend the California Consumer Privacy Act (CCPA) and adopt a sister law regulating data brokers. The governor has until October 13th

September 19, 2019
California Amends CCPA, Adopts Data Broker Law

During the final days of the 2019 legislative calendar, California lawmakers passed several bills to amend the California Consumer Privacy Act (CCPA). If signed into law by the governor, the

September 17, 2019
Debt Collector Fined $267M in TCPA Class Action, $500 Per Call

The Northern District Court of California recently entered a $267 million judgment against a debt collector for TCPA violations. The Court found that Rash Curtis & Associates violated the TCPA

September 3, 2019
Eleventh Circuit: A Single Text Message Was Insufficient to Establish Standing

Last week, in Salcedo v. Hanna, the Eleventh Circuit held that a plaintiff lacked standing to pursue TCPA allegations against a law firm that sent him a single text message

July 11, 2019
Louisiana Declares State of Emergency, Triggers Telemarketing Ban

Louisiana has declared a state of emergency in preparation for Potential Tropical Cyclone Two. Businesses may not make non-exempt telephone solicitations into the state until further notice. Relevant exemptions are