PrivacySpeak

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Kellie Bubeck Kellie Bubeck

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.

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Kellie Bubeck Kellie Bubeck

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.

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Kellie Bubeck Kellie Bubeck

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?

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Kellie Bubeck Kellie Bubeck

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.

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Kellie Bubeck Kellie Bubeck

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.”

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Kellie Bubeck Kellie Bubeck

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.

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Kellie Bubeck Kellie Bubeck

A Tale of Time Frames: The Established Business Relationship

If you’ve ever worked in sales, marketing, or compliance, you’ve probably heard: “You can call someone on the federal “do-not-call” list if you have an established business relationship (EBR), i.e., a purchase within the past 18 months or an inquiry within the past 3 months.” But state laws often have their own, much stricter time frames.

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Kellie Bubeck Kellie Bubeck

California’s Privacy Laws Have Teeth, and They’re Biting

California isn’t playing around when it comes to data privacy. With recent crackdowns on Background Alert, Inc. and Honda, the California Privacy Protection Agency (CPPA) is making it clear: violating the state’s privacy laws can come with serious consequences.

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Kellie Bubeck Kellie Bubeck

Definitely, Maybe: Will the FCC Cut Red Tape or Just Talk About It?

In a move that surprises few, the FCC is looking to scale back its regulatory oversight. Last week, it issued a public notice requesting comments on rules that “have outlived their usefulness, for which there is no longer any (or only substantially diminished) need, or which otherwise give rise to harms….” It’s not hard to see where this is headed.

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Kellie Bubeck Kellie Bubeck

Click-to-Cancel: The FTC’s New Rule That’s Shaking Up Subscription Businesses

On May 14, 2025, the FTC “Click-to-Cancel” rule will finally take effect, and let’s be honest—this is the regulation subscription-based businesses secretly feared. The rule requires businesses to comply with a new mandate: if signing up was easy, canceling must be just as simple. No more requiring customers to send a carrier pigeon to end their subscriptions.

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Kellie Bubeck Kellie Bubeck

Bifurcated Discovery Is Alive and Well

I’ll keep this brief: If you're a defendant in a TCPA class action and the judge requires a joint proposed scheduling order, your counsel should always request bifurcated (or phased) discovery.

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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