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Governor Gavin Newsom has signed Senate Bill 690 into law, fundamentally altering who can bring claims under California's pen register and trap and trace statute. The legislation restricts private plaintiffs from pursuing website and app-based Section 638.51 claims against private actors, reserving such enforcement exclusively for the California Attorney General.

A pro se litigant achieved a decisive victory against a major law firm in a TCPA case, with the Northern District of Texas court ruling that SMS messages constitute calls under the TCPA, cell phones qualify as residential lines for DNC purposes, and the plaintiff's ATDS allegations were sufficiently detailed to survive dismissal. This ruling marks the 15th federal district court to hold that text messages are calls, shifting the balance in an ongoing circuit split on this critical issue.

California Governor Gavin Newsom signed sweeping legislation restricting addictive social media features for minors and establishing safety requirements for AI companion chatbots. The laws target design features that keep users scrolling rather than just content moderation, marking a significant shift in online child-safety regulation.

It's only fitting that when something in Florida sparks interest, we're all over it. I'm back with a follow-up on the proposed Florida Anti-Spam Communications Act.

Congress has introduced the Stop Spam Calls Act, directing the FCC to revise the definition of prior express written consent under the TCPA to require one-to-one seller consent and logical relevance between sellers and website content. This legislative move comes as the Fifth Circuit questions whether written consent is even required under the TCPA, creating a fascinating tension between congressional intent and judicial interpretation that could reshape telemarketing compliance.

The 45th episode of Deserve to Win features an in-depth interview with Cyle Coffman, owner of Lead Opera and developer of Lead Proof, a revolutionary product designed to provide incorruptible proof of valid lead ownership.

A California federal court dismissed claims under the Federal Wiretap Act and California Invasion of Privacy Act, ruling that plaintiffs failed to establish Article III standing when they could not prove their personal information was actually intercepted by third-party tracking technology on a retail website. The decision highlights the evidentiary burden plaintiffs must meet when alleging privacy violations through website tracking pixels and similar technologies.

A federal magistrate judge denied discovery in a TCPA lawsuit against Rocket Mortgage, suggesting the company's failure to implement two-factor authentication weakened its position in the dispute. The ruling highlights growing judicial expectations that companies use multi-factor authentication when collecting consumer phone numbers, potentially setting a new standard for TCPA compliance and litigation strategy.

The Northern District of California recently examined whether a property listing website's arbitration agreement was enforceable when a user claimed inadequate notice of the terms. The court analyzed the conspicuousness of Redfin's arbitration clause and the evidence proving user consent, ultimately determining whether clicking "Continue" on a website constitutes binding agreement to arbitrate disputes.

A federal court in Washington recently dismissed a case against Tommy Bahama involving allegedly deceptive email subject lines, finding that the plaintiff failed to demonstrate concrete harm required for Article III standing. In an unusual twist, both the plaintiff and the defendant argued that misleading email headers could cause actual consumer harm, yet the court remained unconvinced and remanded the case to state court.

California's Court of Appeal has issued a tentative ruling in Variety Media v. Superior Court addressing whether CIPA's pen register statute applies to website tracking technologies, while the state legislature simultaneously passed SB 690 that would restrict who can bring such claims. The ruling provides crucial technical distinctions about what qualifies as a pen register under CIPA, potentially reshaping how website tracking litigation proceeds in California.

A Colorado federal court has ruled that text messages do not qualify as "telephone calls" under the TCPA's Do Not Call provision, dismissing a class action complaint with prejudice. Following the recent Radvansky decision...

Non-bank lenders operating under the Gramm-Leach-Bliley Act face a critical compliance obligation many overlook: the FTC's Safeguards Rule requires reporting data breaches affecting 500 or more consumers within thirty days of discovery, and every report becomes publicly searchable online. What happens when your incident response plan collides with a mandatory public confession, and how can lenders prepare before the thirty-day clock starts ticking?

TCPA class action filings in August 2026 showed an 11.7% decline compared to the previous year, marking the third consecutive month of year-over-year decreases. With DNC cases cratering and SMS cases essentially dead in most jurisdictions, the question emerges whether this represents a temporary dip or the beginning of a meaningful downward trend in TCPA litigation risk.

A federal court dismissed spam and tracking pixel claims against Warby Parker, finding the email marketing complaint preempted by CAN-SPAM and lacking concrete privacy harm. The ruling clarifies when commercial email subject lines cross into actionable deception and what level of data collection constitutes a privacy injury under California law.

A Michigan court has ruled that whether a cellular phone qualifies as "residential" under TCPA's Do Not Call rules depends on how the phone was being used at the time it was registered on the DNC list, not its current usage. The decision dismissed a case where the plaintiff's number was used for business purposes when registered in 2003, despite being used exclusively for residential purposes since 2021.

A Nevada district court awarded just $1,000 after a five-year TCPA litigation involving four marketing calls, two of which were silent, demonstrating how individual TCPA cases can result...

Royal Prestige manufacturer Hy Cite Enterprises agreed to pay $4.75 million to resolve a TCPA class action involving fewer than 6,500 class members, resulting in an extraordinary $730 per-person settlement.