The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she...more
11/24/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Class Action ,
Constitutional Challenges ,
Motion to Dismiss ,
Robocalling ,
Severability Doctrine ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
This week the Federal Communications Commission (FCC) proposed its highest financial penalty against lobbyist and political consultant group, John M. Burkman, Jacob Alexander Wohl, and J.M. Burkman & Associates LLC (the...more
Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc. did not have to cover the $60.4 million settlement of a class...more
CYBERSECURITY -
Verizon 2021 Data Breach Investigations Report Released -
If you have been following Verizon’s annual data breach investigation reports like I have over the years, you get excited when the new one comes out....more
At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic...more
Recently, the Federal Communications Commission (FCC) clarified that a call made using artificial or pre-recorded voice to a residential telephone line for the SOLE purpose of identifying individuals to participate in a...more
Last month, an Oregon federal judge refused ViSalus’ request to decrease the $925 million jury award against it for its alleged violations of the Telephone Consumer Protection Act (TCPA). ViSalus, a health supplement maker,...more
Alabama City Hit with Ransomware -
On June 5, 2020, Florence, Alabama’s information technology systems were hit with ransomware by the DoppelPaymer group demanding a ransom payment of $378,000 in bitcoin. Mayor Steve Holt...more
6/13/2020
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Department of Homeland Security (DHS) ,
Hackers ,
Marketing ,
Microsoft ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Ransomware ,
Robocalling ,
Vulnerability Assessments
On September 10, 2019, California federal judge, U.S. District Judge Yvonne Gonzalez Rogers, entered a $267 million judgment against a debt collection agency, Rash Curtis & Associates (Rash Curtis), for its violation of the...more
It’s a busy time for colleges and universities as the fall semester starts and campuses are bustling with activity. It’s also the perfect time for cyber criminals to create mayhem for institutions of higher education with a...more
8/30/2019
/ Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Debit and Credit Card Transactions ,
Drones ,
Educational Institutions ,
Federal Aviation Administration (FAA) ,
Marketing ,
Personally Identifiable Information ,
Popular ,
Robocalling ,
Universities ,
Unmanned Aircraft Systems ,
Vulnerability Assessments
Although many thought that WannaCry was in the rear view mirror, a recent report by Artemis, based on client experience, found that health care organizations and manufacturing companies are still being hit with the ransomware...more
5/31/2019
/ Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Enforcement Actions ,
Hackers ,
Health Care Providers ,
HIPAA Breach ,
Malware ,
Manufacturers ,
OCR ,
Personally Identifiable Information ,
Ransomware ,
Robocalling ,
Telemarketing
Lead plaintiff, John Herrick, in the Telephone Consumer Protection Act (TCPA) class action lawsuit against GoDaddy.com LLC (GoDaddy.com) rallied against an Arizona federal judge’s May 2018 decision to grant summary judgment...more
On October 1, 2018, the Food and Drug Administration (FDA) issued its “Medical Device Cybersecurity Regional Incident Preparedness and Response Playbook” to address continued threats to medical devices that could affect...more
10/8/2018
/ Airspace ,
ATDS ,
Auto-Dialed Calls ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Digital Currency ,
Drones ,
Facebook ,
Food and Drug Administration (FDA) ,
Hackers ,
Investment Opportunities ,
Medical Devices ,
OMB ,
Online Platforms ,
Part 107 ,
Popular ,
Public Safety ,
Robocalling ,
Social Media ,
Social Networks ,
Toyota ,
Trading Platforms ,
Unmanned Aircraft Systems ,
Virtual Currency
Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more
7/2/2018
/ Banks ,
Carpenter v US ,
Cell Phones ,
Credit Reporting Agencies ,
Criminal Convictions ,
Cryptocurrency ,
Currency Exchange ,
Data Breach ,
Drones ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Hackers ,
Harassment ,
Identity Theft ,
Location Data ,
location-da ,
Malware ,
NYDFS ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Registration Requirement ,
Remand ,
Reversal ,
Robocalling ,
SCOTUS ,
Third-Party ,
Warrantless Searches
Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more
Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld...more
Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions...more
Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more
Recently, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone...more
Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more
In July we wrote about the exemption for robocalls made by the federal government (or its contractors) from the restrictions of the Telephone Consumer Protection Act (TCPA). Now, the Federal Communications Commission (FCC)...more
Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA)....more
Portfolio Recovery Associates LLC (Portfolio Recovery) agreed to pay $18 million to end multi-district litigation against the debt collection company for its alleged violations of the Telephone Consumer Protection Act (TCPA)....more
This week Illinois court found that Economic Strategy Group (ESG) violated the Telephone Consumer Protection Act (TCPA) by making robocalls to almost 1 million individuals purporting to be conducting a political survey but...more
On August 21, 2015, the 11th Circuit upheld the dismissal of a class action against DCI Biologicals, Inc. (DCI) for its alleged violations of the Telephone Consumer Protection Act (TCPA). DCI is a blood plasma collection...more