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No TCPA Vicarious Liability Without Ratification

The Ninth Circuit has ruled that payday lenders and two marketing companies were not liable under the Telephone Consumer Protection Act by virtue of working with a lead generator that utilized automated dialing equipment to disseminate text messages. Here, the lender had separate agreements with a marketing company (LeadPile) that purchased/sold

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FTC’s Data-Breach “Unfairness” Standard

  The FTC has showed no signs of slowing down when it comes to data breach investigations and enforcement actions. In doing so, the Commission utilizes concepts of “unfairness” and “deception.” Companies that tell consumers they will safeguard their personal information are forced to live up to those representations. To establish that a

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FTC Defense Attorney Alert: “Influencer” Actions Make News

FTC Defense Attorney Alert:  “Influencer” Actions Make News The Federal Trade Commission has alerted influencers and those in control of them to three developments, including the FTC’s first law enforcement action against individual online influencers for their role in misleading advertising practices. According to the FTC, the respondents deceptively endorsed the online

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