The FCC issued a quick and unanimous Declaratory Ruling confirming that telephone calls (a) featuring artificial intelligence-generated messages simulating or cloning a human voice or (b) generating call content using a...more
At its December 13, 2023 meeting, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second...more
A recent slate of class action lawsuits seeks to expand the scope of the Illinois Genetic Information Privacy Act’s (GIPA) prohibition against considering family medical history to life insurance companies. See e.g. Reynolds...more
The Illinois Biometric Information Privacy Act (“BIPA”) has steadily become one of the most important and influential privacy statutes in the United States. Indeed, the collection, use, and storage of the biometric...more
Companies that use the latest technology to contact customers and prospects by telephone or text messages breathed a huge sigh of relief after the United States Supreme Court issued its decision in Facebook, Inc. v. Duguid...more
Starting in 2003 when the FCC adopted an expansive interpretation of the definition of an “automatic telephone dialing system” (ATDS) that included most modern telephone equipment, the plaintiffs’ bar has extracted hundreds...more
For decades, politicians of both stripes routinely promised that they would do something about the relentless rise in health insurance costs by repealing the McCarran-Ferguson Act. Now that Congress passed and former...more
In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the Eleventh Circuit Court of Appeals upended what has become common practice in class action settlement by ruling that “incentive”...more
Following Spokeo, Inc. v. Robins,1 lower courts across the country were tasked with applying the Supreme Court’s “concrete” injury standard to a wide range of privacy and cyber claims. These claims range from the improper...more
In Medley v. Dish Network, LLC, No. No. 18-13841, 2020 WL 2092594 (11th Cir. May 1, 2020), the Eleventh Circuit held that consent to receive calls using an automatic telephone dialing system under the Telephone Consumer...more
Earlier this month, in Duran v. La Boom Disco, Inc. --- F.3d ----, 2020 WL 1682773 (2d Cir. Apr. 7, 2020), the Second Circuit Court of Appeals widened the circuit split over the definition of an “automatic telephone dialing...more
In the most significant case to interpret what constitutes an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) in the wake of the D.C. Circuit’s decision in ACA...more
While everyone agrees that the D.C. Circuit’s decision in ACA Int’l v. FCC rejecting the FCC’s broad definition of an “automatic telephone dialing system” was a game changer for TCPA litigation, courts are struggling to...more
The Fourth Circuit dealt another blow to plaintiffs trying to drum up vicarious liability under the Telephone Consumer Protection Act (“TCPA”). See Hogdin v. UTC Fire & Sec. Americas Corp. Inc., 2018 WL 1308605 (4th Cir. Mar....more
In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more
3/22/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
The latest decision out of the Ninth Circuit regarding vicarious liability under the Telephone Consumer Protection Act (“TCPA”) has again gone in favor of defendants. See Kristensen v. Credit Payment Servs., No. 16-15823,...more
The latest decision in the ongoing dispute over whether calls placed to numbers assigned to voice over internet protocol (VoIP) services violate the Telephone Consumer Protection Action (TCPA) went in favor of TCPA...more
Employers in Illinois that are using biometric time clocks that use fingerprints or other biometric identifiers to identify particular employees need to be aware of the substantial compliance obligations imposed by the...more
In Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv, 2017 WL 2675363 (2d Cir. June 22, 2017), the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be...more