PrivacySpeak
Navigating the world of telemarketing, data privacy & AI
The Future Looks Bright: Eyebuydirect Wins TCPA Dismissal
If you've ever replied “STOP” to a marketing text, you probably expected the messages to end immediately. But what happens if a few more slip through? Is that a class action waiting to happen?
No Injury, No Problem? Supreme Court Sidesteps Critical Class Issue in LabCorp v. Davis
On June 5, 2025, the U.S. Supreme Court quietly walked away from one of the most anticipated class action cases of the year. In an 8–1 move, it dismissed Laboratory Corporation of America Holdings v. Davis, No. 22-55873, and declined to answer a deceptively simple, but incredibly important question: Can a class action for damages under Federal Rule of Civil Procedure 23 include people who weren’t actually injured?
A Shot of Clarity: What the Coffey Ruling Means for the Real Estate Industry
The housing market is buzzing, and agents are racing to get listings any way they can. But even with off-market deals and cash offers flying around, real estate pros need to be careful. A recent ruling out of Arizona shows that not every outreach effort runs afoul of the Telephone Consumer Protection Act (TCPA).
Go West, Young Man: Is Texas the Next Big Telemarketing Lawsuit Hotbed?
Florida has long worn the crown when it comes to state-level telemarketing litigation, thanks in large part to the Florida Telephone Solicitation Act (FTSA) and its generous private right of action. But now, eyes are turning west. With Texas SB 140 on Governor Abbott’s desk and a September 1, 2025 effective date looming, we may be witnessing the early stages of Texas becoming the next major battleground for TCPA-plus lawsuits.
Say My Name: SelectQuote Scores Big Win—For Now
Companies are often sued not because they made the calls, but because someone else did. And when that “someone” is a third-party lead generator, plaintiffs need more than speculation to tie the defendant to the phone call. That was the key issue in Lightfoot v. SelectQuote, Inc., No. 1:24-cv-04673, 2025 U.S. Dist. LEXIS 103026 (N.D. Ill. May 30, 2025), where SelectQuote secured a win at the motion to dismiss stage by showing the call in question didn’t mention them at all.
Is TCPA Insurance Worth It? Here’s My Take
TCPA class actions are notoriously expensive to defend—even when the claims are weak. With statutory damages ranging from $500 to $1,500 per call or text and the potential for nationwide class exposure, litigation costs escalate quickly. Simply reaching or opposing class certification can cost tens, if not hundreds, of thousands of dollars. It’s no surprise that many businesses consider TCPA insurance as a safety net. But is it worth it? In my experience, not always—and here’s why.
Where There’s Smoke, There’s Fire: Lessons from a Multimillion-Dollar Telemarketing Indictment
A newly unsealed federal indictment out of Philadelphia serves as a powerful reminder to everyone in the lead generation, sales, and telemarketing space: you are responsible for knowing who you are doing business with. That includes knowing your lead sources, scrutinizing your contracts, and perhaps most importantly, shutting things down when something feels off.
Rule 68 Offers and Discovery Pitfalls: Lessons from Johnson v. Crowdvest
This week, a TCPA class action took us back to a procedural trend from a decade ago: the Rule 68 offer of judgment.
Same Rules, New Tech: AI Calls Must Comply with the TCPA
Sometimes, it’s important to have a legal reminder—much like reminding your kids to say “please” or “thank you” for the thousandth time. So, here’s your reminder: if you are using artificial intelligence (AI) to make calls or send texts, they are subject to the Telephone Consumer Protection Act (TCPA).
FTC Delays “Click-to-Cancel” Rule Until July 14 and Yes, It Applies to B2B Subscriptions
In a last-minute decision, the Federal Trade Commission (FTC) announced that it is delaying enforcement of its new “Click-to-Cancel” rule by 60 days. The rule, originally set to take effect today, May 14, will now be enforced starting July 14. If you sell subscriptions or auto-renewing services, now is the time to pay attention.
In Harmony: Early Win for Defendant as Court Grants Bifurcated Discovery in TCPA Class Action
Back in February, I wrote about a significant development in a TCPA class action our firm is defending: a federal judge granted our request for bifurcated discovery. In my view, nothing shifts the dynamics and leverage early in a putative TCPA class action more than a court granting bifurcation.
The Early Text Gets the Lawsuit: Craftie Fox Sued Under TCPA
In recent months, a growing trend has emerged: plaintiffs filing TCPA class actions that claim companies violated federal calling time restrictions by reaching out before 8:00 a.m. or after 9:00 p.m. local time, even when the person may have given consent.
Modernizing Privacy, California-Style: CPPA Unveils New Proposed Rules
California is once again leading the charge in shaping the future of privacy regulation. On May 1, 2025, the California Privacy Protection Agency (CPPA) released a new round of proposed rules under the California Consumer Privacy Act (CCPA), aimed at modernizing how companies handle consumer data, automated decisionmaking, and cybersecurity oversight.
Can Texting Parents for COPPA Consent Trigger TCPA Liability?
Let’s say your child wants to download Minecraft. He’s prompted to enter a parent’s phone number before proceeding, and he puts in yours. Moments later, your phone buzzes with a text asking for parental consent. While this seems like a responsible move under the COPPA, you pause. You never agreed to receive that text. Does this comply with the TCPA?
FTC Updates COPPA to Strengthen Children’s Online Privacy Protections
If you're a parent, you've probably heard “Can I download this game?” more times than you can count. It may seem harmless, but behind that button lies a world of data collection—especially when the user is a child. To address this, the FTC rolled out major updates to the Children’s Online Privacy Protection Act (COPPA) on April 22, 2025, aiming to give parents greater control over how personal information is collected from children under 13 online.
FTC Puts the Brakes on Uber’s “Cancel Anytime” Claim
The Federal Trade Commission (FTC) has filed a lawsuit against Uber, claiming the company misled customers about its Uber One subscription service. According to the FTC, Uber charged people without proper consent, exaggerated promised savings, and made it ridiculously hard to cancel despite advertising the service as “cancel anytime.”
ICYMI: FCC Drops One-to-One Consent Fight, Cuts Reassigned Number Database Costs, Eyes Caller ID Fixes
The Federal Communications Commission (FCC) has officially bowed out of the fight to revive the TCPA’s one-to-one consent rule. In a filing on April 4, 2025, the Commission said it will not challenge the Eleventh Circuit’s decision in IMC v. FCC, which struck down the rule, and it will oppose any other efforts to bring it back.
No Moving On: Ninth Circuit Says Realtor.com Can’t Enforce Arbitration in TCPA Case
Yesterday, the Ninth Circuit Court of Appeals affirmed a district court ruling and held that Move, Inc. (better known as Realtor.com) can’t compel a consumer into arbitration over a lawsuit claiming violations of the TCPA.
CIPA Claims Dismissed in Lakes v. Ubisoft: Consent Still Reigns Supreme
The California Invasion of Privacy Act (CIPA) is keeping a lot of lawyers busy these days, and not just in California. We’ve seen clients receive demand letters from California plaintiffs' firms claiming that the use of third-party cookies, pixels, and other tracking technology on their websites violates CIPA by functioning as a “trap and trace” device.
Breaking News: FCC Delays Part of the Consent Revocation Rule Until 2026
This morning, the Federal Communications Commission (FCC) announced it is delaying part of its consent revocation rule, specifically Section 64.1200(a)(10), until April 11, 2026.
The content of PrivacySpeak is not legal advice and should not be used as a substitute for consulting with a qualified attorney. Information provided may not apply to all jurisdictions and may be subject to change. © 2025 Bubeck Law LLC