The U.S. District Court for the Southern District of California recently delivered a stark reminder to online businesses: simply having a conspicuous link to your terms and conditions doesn’t guarantee enforceability. In Sanchez v. Maggy London International Ltd., the court denied Maggy London’s motion to compel arbitration, finding that while their hyperlink to the terms …
Introduction: The Promise and Pitfalls of Algorithmic Pricing Regulation New York’s Algorithmic Pricing Disclosure Act, which took effect in November 2025, represents a groundbreaking attempt to bring transparency to the increasingly opaque world of dynamic pricing. As a law firm focused on privacy law, marketing compliance, artificial intelligence, and online pricing regulations, we understand the …
Valiente v. NexGen Global Highlights Critical Website Design Flaws in TCPA Defense The Eleventh Circuit’s recent decision in Valiente v. NexGen Global, LLC, No. 23-13308 (11th Cir. Nov. 10, 2025), offers essential guidance for businesses using arbitration clauses to manage legal disputes. The court’s thorough analysis demonstrates how poor website design and unclear Terms of …
Update: The Secretary of State has requested a formal opinion from the Texas Attorney General as per the settlement (see copy of request here). Since Texas Senate Bill 140 took effect on September 1, 2025, businesses engaged in SMS marketing have grappled with significant uncertainty over the law’s scope. As we detailed in our initial analysis of the …
When Algorithms Go Wrong: The Growing Wave of Wrongful Account TerminationsOver the past several months, as a social media lawyer, our firm has experienced a significant surge in inquiries from a troubling trend: individuals and businesses finding themselves suddenly locked out of their Meta accounts, often both Facebook and Instagram simultaneously, with little explanation and …
Read more Meta Account Suspensions: Understanding the 2025 AI Moderation Crisis
On September 26, 2025, the Texas Attorney General’s office filed its opposition to the preliminary injunction motion in the federal constitutional challenge to Texas SB 140. While the State’s position may provide some comfort to SMS marketers operating consent-based programs, businesses should understand both what the filing says—and what risks remain despite it. December 2025 …
Read more Texas Defends SB 140: What the State’s Opposition Brief Means for SMS Marketers
The Federal Trade Commission has secured a monumental $2.5 billion settlement against Amazon.com, Inc., marking one of the largest consumer protection settlements in FTC history and sending a clear message to companies about the importance of subscription transparency and easy cancellation processes. The Settlement Details This historic settlement stems from allegations that Amazon engaged in …
Executive Summary The Washington Court of Appeals has significantly expanded the scope of the state’s Commercial Electronic Mail Act (CEMA) in a decision issued on September 15, 2025 (for PDF version, click here), which will impact how businesses communicate with potential workers and contractors. In Aaland v. CRST Home Solutions, LLC, the court ruled that …
Read more Washington Court Expands CEMA to Cover Recruitment Text Messages
On September 1, 2025, a coalition of e-commerce businesses and industry advocates filed a federal lawsuit in the Western District of Texas challenging the constitutionality of Texas Senate Bill 140 (SB 140). The plaintiffs, Ecommerce Innovation Alliance, Flux Footwear, and Postscript, argue that the new law’s expansive regulations on text message marketing violate fundamental constitutional …
Read more Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations
The FTC’s first INFORM Consumers Act enforcement resulted in a $2 million penalty against Temu for alleged inadequate consumer reporting mechanisms and seller disclosure failures. This landmark case sets compliance precedents for all online marketplaces. The Federal Trade Commission (FTC) has taken its first enforcement action under the INFORM Consumers Act, fining Temu $2 million for …
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In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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