Insights

Marketing Law TCPA Harry Richt September 20, 2025

Washington Court Expands CEMA to Cover Recruitment Text Messages

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 …

Marketing Law TCPA Harry Richt September 17, 2025

Federal Constitutional Challenge Filed Against Texas SB 140 SMS Marketing Regulations

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 …

Privacy Law Harry Richt September 16, 2025

Maryland’s Online Data Privacy Act: A Game-Changer for Data Minimization in the United States

Maryland has taken a game-changing step in data privacy protection with the enactment of the Maryland Online Data Privacy Act (MODPA), which is effective on October 1, 2025. Among the law’s numerous provisions, MODPA’s robust data minimization requirements represent a significant evolution in U.S. privacy legislation, potentially reshaping how organizations approach data collection and retention practices nationwide. …

Amazon Seller Law E-Commerce Marketing Law Harry Richt September 8, 2025

FTC Imposes $2 Million Penalty on Temu for Violations of the INFORM Consumers Act: Key Compliance Obligations for Online Marketplaces

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 …

Artificial intelligence Technology Law Harry Richt August 30, 2025

Scaling AI Governance: From Foundation to Enterprise-Wide Implementation

Scaling AI governance requires moving beyond policy documentation to operationalize three critical capabilities: structured intake processes that assess risk from project inception, comprehensive system inventories that track all AI implementations, and continuous oversight frameworks that adapt to evolving regulatory requirements. This guide examines how leading organizations build scalable governance infrastructure while navigating complex compliance landscapes, …

CCPA Privacy Law Privacy Policies Harry Richt August 30, 2025

Annual Privacy Policy Updates: From Optional Best Practice to Enforcement Priority

The California Privacy Protection Agency’s recent enforcement action against Tractor Supply Company marks a watershed moment for privacy compliance, elevating routine privacy notice maintenance from administrative oversight to regulatory enforcement priority. The landscape of privacy compliance underwent a significant shift in August 2025 when the California Privacy Protection Agency (CPPA) filed its first judicial action …

Marketing Law TCPA Harry Richt August 26, 2025

Navigating Texas SB140: Implications for Text Message Marketing Compliance

On June 20, 2025, Governor Abbott signed SB140 into law. The new telemarketing requirements and expanded enforcement provisions will take effect on September 1, 2025. This significant piece of legislation fundamentally reshapes the landscape for businesses engaged in text message marketing to Texas consumers, creating new compliance obligations and substantially increasing litigation risks. December 2025 …

COPPA Privacy Law Harry Richt August 11, 2025

Under 18 Is the New Under 13: The Expanding Scope of Children’s Privacy Laws

Regulators at both the federal and state levels are rapidly expanding their focus on children’s and teens’ privacy, moving beyond the long-standing under-13 threshold established by the federal Children’s Online Privacy Protection Act (COPPA). This new direction reflects growing recognition that teens, not just younger children, are vulnerable to data misuse, manipulation, and targeted marketing online. The …

Artificial intelligence Privacy Law Technology Law Harry Richt August 10, 2025

Privacy and Confidentiality in the Age of AI: A Comprehensive Legal Guide

Artificial intelligence tools like ChatGPT, Google Gemini, Anthropic Claude, and Perplexity AI are widely used in legal and business settings. These platforms help improve efficiency but also raise significant privacy and confidentiality concerns. Understanding how each platform handles data retention, privacy settings, and access controls is essential to managing legal risks and protecting sensitive information. …

CCPA Privacy Law Harry Richt August 10, 2025

CPPA Enforcement Spotlight: Tractor Supply Investigation Highlights Critical CCPA Compliance Lessons

The California Privacy Protection Agency (CPPA) recently made its first public disclosure of an ongoing investigation by filing a petition to enforce a subpoena against Tractor Supply Company. This step underscores the CPPA’s increasing enforcement vigilance and the importance of complying with California’s landmark privacy law, the California Consumer Privacy Act (CCPA). Background: Scope of …

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