If you’re one of the 79 percent of Americans who shop online, you’re probably familiar with the “automatic renewal” – a subscription, membership or service through which one purchase turns into a dozen. Automatic renewals can be convenient, but they can also bring unwanted purchases and unwieldly red tape, which is what the California Automatic Renewal Law is designed to address.The California Automatic Renewal Law exists to stop companies from tricking customers into long-term contracts. … [Read more...]
TCPA Violation Claims: Why Tiny-Font Telemarketing Disclaimers Don’t Count as Consent
Imagine going online to look for home loan information. You find a website and enter some basic information, then click “Get a free quote” – and the next day, your phone is besieged with calls and texts hawking mortgages.A recent court decision shows that in this situation, it’s not enough for a company to have a website disclaimer about telemarketing; the disclaimer must be clear and conspicuous. If it’s hard to find or hard to read, the company may be committing a TCPA violation and … [Read more...]
What to Do After a Data Breach: Steps to Protect Yourself
On the heels of major cyber security headlines in 2017, experts predict that 2018 could bring even more data breaches and security threats.Indeed, the MIT Technology Review said the Equifax cyberattack – which exposed personal information for 145 million people – was a “stark reminder that hackers are thinking big when it comes to targets. Other companies that hold lots of sensitive information will be in their sights in 2018.”Chief Security Officer magazine agreed: “Breaches will be … [Read more...]
Consumer Class Actions Under Attack: GOP Declares War on Consumers and Other Victims of Big Business
Congressional Republicans, emboldened by the GOP’s control over all three branches of the federal government, have launched a frontal assault on consumers with a flurry of bills aimed at crippling the class-action lawsuit, including the consumer class action.Class actions are often the only way consumers and other victims can hold big businesses accountable for harms that would otherwise be too small to justify individual lawsuits. Those big businesses and their Republican allies in … [Read more...]
California Call Recording Law: When Is It OK to Record a Phone Call?
Under California call recording law, when it comes to recording telephone calls and other private conversations, California is a "two-party consent" state. Under the California Invasion of Privacy Act and in particular Penal Code section 632, all parties to the conversation (even if there are more than two) must give their permission or else recording it will be illegal. This applies to plain old eavesdropping, too. The law applies to any "confidential communication,” whether carried on in … [Read more...]