Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
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Federal Court Gives a TCPA Troll a Taste of His Own Medicine: Specialty Medical Inc. v. Mark Dobronski
March 2, 2026
Two powerful TCPA decisions in three days is not a coincidence you get to write about very often. Just 48 hours after a federal magistrate judge in California denied Jamee Desouza's attempt to scrub her employer's name from the record in Desouza v. Ralph Lauren, a federal judge in Michigan issued an opinion that is, if anything, even more consequential for ecommerce brands tired of playing defense against professional plaintiffs. …
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When the Plaintiff’s Own Exhibit Blows Up Her Argument: Desouza v. Ralph Lauren
February 26, 2026
Every so often, a TCPA case comes along that reads less like a consumer protection dispute and more like a cautionary tale about the cottage industry of professional TCPA litigation — and what can happen when a plaintiff’s own paper trail tells a story she’d rather keep hidden. Desouza v. Ralph Lauren Corporation d/b/a Polo Factory Stores, is exactly that kind of case. On February 24, 2026, a federal magistrate judge denied the plaintiff’s motion for a protective order — a motion that was remarkable not just for what it sought, but for the glaring irony embedded in it.…
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California’s DROP Tool Is Now Live and It Changes the Data Landscape
February 23, 2026
California has launched a first-in-the-nation centralized data deletion privacy tool called the Delete Request and Opt-Out Platform(DROP). Developed by the California Privacy Protection Agency (CPPA), it is an online platform that allows Californians to submit a single request directing registered data brokers to delete their personal information and stop selling it. Starting August 1, 2026, data brokers must delete users data within 90 days of request.…
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BREAKING: Supreme Court Rules IEEPA Cannot Be Used to Impose Tariffs – A Landmark Win for Ecommerce
February 20, 2026
In a sweeping and long-awaited decision issued today, the United States Supreme Court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. The ruling in Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections, Inc.), decided 6-3, represents one of the most significant trade law decisions in decades—and a major victory for ecommerce businesses and the consumers they serve.…
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California ‘Was/Now’ Pricing: Why Class Actions Are Spiking and How to Reduce Risk
February 20, 2026
California’s comparison pricing rules are not new. What is new is the accelerating wave of class action lawsuits targeting ecommerce brands over routine “Was/Now” and reference pricing practices. Over the past year, plaintiffs’ firms have significantly increased filings alleging that advertised “original” prices were not bona fide prevailing prices. These cases are increasingly directed at online retailers whose pricing histories are easy to track, archive, and analyze. …
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In-Depth, Updated: The New Wave of Quiet Hours Litigation Is Bigger Than We Originally Understood
May 14, 2026