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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Third Circuit Rules that Legislative Communications Not Covered by the TCPA
November 3, 2025
A recent decision from the U.S. Court of Appeals for the Third Circuit in Perrong v. Bradford has gained attention from the business and policy community. The case was filed by Andrew R. Perrong a TCPA plaintiff’s lawyer who, according to one court order, is “a habitual litigant with extensive familiarity with the TCPA” that has engaged in “gamesmanship of the lowest order,”. Perrong has pursued this case in his own name, rather than on behalf of a client, as he has done in dozens of other cases filed in the United States District Court for the Eastern District of Pennsylvania. …
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Second Circuit Upholds Verizon $46.9 Million Fine for Sharing Location-Based Data
September 12, 2025
Yesterday, the U.S. Court of Appeals for the Second Circuit issued a final decision in Verizon v. FCC, upholding a $46.9 million penalty against Verizon for mishandling customer location data. This ruling has significant implications for our members engaged in telemarketing and SMS text marketing. The Court affirmed the FCC's finding that Verizon violated Section 222 of the Communications Act by failing to reasonably safeguard Customer Proprietary Network Information (CPNI). The Second Circuit explicitly concluded that device-location data qualifies as CPNI, triggering the privacy protections of the Communications Act. …
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A Tale of Two Circuits: How Conflicting Rulings on Customer Location Data Will Shape the Future of Telemarketing Compliance
August 19, 2025
The telecommunications industry is currently navigating a complex legal landscape, with recent decisions from two different U.S. Courts of Appeals reaching conflicting decisions on critical questions surrounding customer data privacy, agency enforcement powers, and fundamental constitutional rights. The U.S. Court of Appeals for the District of Columbia Circuit has upheld a significant FCC forfeiture order regarding sharing location-based data against Sprint and T-Mobile, while the Fifth Circuit earlier vacated a similar order against AT&T. …
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EIA Files Comments over Proposed Changes to the New Jersey Data Protection Act that Could Impact Ecommerce Brands Nationwide
August 4, 2025
The EIA has submitted our comprehensive comments on proposed New Jersey privacy rules. As we highlighted previously, the proposed new privacy regulations, released on June 2, 2025, appear to go "significantly beyond" the existing NJDPA and introduce requirements that diverge substantially from other comprehensive state privacy laws. Our comments emphasize that these proposed rules raise significant concerns for ecommerce brands nationwide, particularly for smaller businesses operating across state lines.…
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Why New Jersey’s New Privacy Rules Should Worry Ecommerce Brands Nationwide
July 25, 2025
EIA is issuing an alert about significant new privacy regulations proposed by New Jersey that could impact ecommerce businesses across the US. On June 2nd the New Jersey Office of Consumer Protection released new proposed privacy and compliance regulations that go significantly beyond the existing New Jersey Data Privacy Act (NJDPA) that is already in effect. These compliance regulations, if adopted, will apply to every business that operates in OR targets New Jersey residents.…
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