In this episode of our special 12 Days of Regulatory Insights podcast series, Ashley Taylor, co-leader of Troutman Pepper Locke’s State AG team, sits down with Privacy and Cyber chair Ron Raether to discuss how state attorneys general (AGs) are shaping the regulatory landscape for social media and the broader ad tech ecosystem.
Key point: The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws.
Renowned Privacy Law Attorney Brings Extensive Experience in State Legislation and AI Regulation, Strengthening Firm’s National Reach and Service Offerings
David Stauss has joined Troutman Pepper Locke as a partner in the firm’s Privacy and Cyber Practice Group. A distinguished authority in privacy, information security, and AI law, Stauss brings
In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The lawsuits attempt to leverage an untested provision in Colorado’s Prevention of Telemarketing Fraud Act (PFTA) which prohibits knowingly listing “a cellular telephone number in a directory for a commercial purpose unless the person whose number has been listed has given affirmative consent[.]” Colo. Rev. Stat. Ann. § 6-1-304(4). Although the law was originally enacted in 2005, there is almost no case law interpreting its provisions. However, the PFTA provides for statutory damages of $300-500 per violation, attorneys’ fees, and costs, making it attractive to plaintiffs’ lawyers. Several other states have similar laws. See, e.g., Conn. Gen. Stat. Ann. § 16-247s, N.Y. Gen. Bus. Law § 399-cc.1, Minn. Stat. Ann. § 325E.318, 73 Pa. Stat. Ann. § 2403, S.D. Codified Laws § 49-31-118, and TX UTIL § 64.202.