Ronald London

Ronald London

Davis Wright Tremaine LLP

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Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

5/21/2015 - Article III Campbell Ewald v Gomez Certiorari Class Action SCOTUS TCPA

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

5/4/2015 - Corporate Counsel FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages Young Lawyers

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

4/29/2015 - Article III Certiorari FCRA Federal Jurisdiction Private Right of Action SCOTUS Spokeo v Robins Standing

Canada Issues First Penalties Under Anti-Spam Law

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the first two enforcement...more

4/6/2015 - Canada CASL Commercial Electronic Messages Corporate Fines Enforcement Actions Popular

Telecom Trade Associations Seek Reconsideration of FCC’s New “Treble Damages” Forfeiture Policy

Reacting to last month’s Policy Statement by the Federal Communications Commission (FCC), trade associations representing a spectrum of telecommunications providers filed a joint Petition for Reconsideration and for a stay of...more

4/1/2015 - FCC Forfeiture Telecommunications Trade Associations Treble Damages

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

3/13/2015 - Attorney Generals Caribbean Cruise Line Do Not Call List Enforcement Actions FTC Robocalling TCPA Telemarketing Telemarketing Sales Rule

New Jersey Amends “Do Not Call” Law, Eases Prohibition on Telemarketing to Cell Phones

In a somewhat significant departure from prior law, New Jersey Governor Chris Christie signed into law a bill to immediately amend the state’s telemarketing sales call rules to expand the ability of companies to make...more

2/11/2015 - Amended Regulation Chris Christie Do Not Call List Mobile Devices Prior Express Consent TCPA Telemarketing

When Try, Try Again Does Not Succeed: FTC Denies AgeCheq, Inc.’s Second Parental Consent Application Under COPPA

The Federal Trade Commission announced that is has denied AgeCheq, Inc.’s second proposed verifiable parental consent method under the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule. After trying but failing last...more

2/2/2015 - AgeCheq COPPA FTC Parental Consent

Quoth the Maven: “Without More!” Federal Judge Dismisses Dow Jones VPPA Class Action, While Hulu Parties Square off Over...

A Growing Chorus of Federal Courts Finds User IDs, by themselves, Do Not Count as Personally Identifiable Information under the VPPA Recently, a federal district judge joined a number of his colleagues around the country who...more

1/30/2015 - Advertising Class Action Cookies Dismissals Dow Jones Facebook Hulu Online Advertisements Personally Identifiable Information Putative Class Actions Social Media VPPA

When Plaintiffs Try to Fit Square Pegs in Round Holes – U.S. District Court Ends VPPA, State Law Class Action Against Viacom,...

On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally ending plaintiffs’ suit...more

1/30/2015 - Children's Online Games Class Action Dismissal With Prejudice Google Multidistrict Litigation Online Videos Parental Consent Viacom VPPA

State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

12/8/2014 - Attorney Generals Corporate Counsel Enforcement FCC FTC Law Enforcement Popular Public Comment Telemarketing

Refill Reminders and the TCPA

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several...more

12/5/2014 - Business Associates Cell Phones Class Action Covered Entities Health Care Providers Pharmacies Popular Prescription Drugs Prior Express Consent TCPA

AgeCheq, Inc. Looking for Second Bite at the Parental Consent Apple

The Federal Trade Commission announced that it has denied AgeCheq, Inc.’s proposed verifiable parental consent method application, which relied on existing verifiable consent methods but also utilized a third-party common...more

12/1/2014 - AgeCheq COPPA FTC Parental Consent

FCC Reaffirms Fax Ads Sent With Recipients’ Prior Permission Require Opt-Out Notice

The Federal Communications Commission has issued an Order sustaining its rule that even ads faxed with the permission of the recipient must include a notice with instructions for how to opt out of future faxes. The Order...more

11/3/2014 - Advertising Corporate Counsel Faxes FCC Opt-Outs Prior Express Consent TCPA Unsolicited Faxes

Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more

10/21/2014 - Appeals Cell Phones Debt Collection FCC Mobile Devices Prior Express Consent Robocalling TCPA

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

9/25/2014 - Corporate Counsel FCC TCPA Text Messages Texting Vicarious Liability

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

8/27/2014 - AgeCheq COPPA FTC Mobile Apps Online Advertisements Parental Consent Public Comment Rulemaking Process Websites

FTC Undertakes Period Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its...more

8/12/2014 - FTC Telemarketing Telemarketing Sales Rule

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy...more

8/11/2014 - COPPA Data Collection Data Protection FTC Mobile Apps Safe Harbors

FTC Updates COPPA FAQs Again – Revisions to Part H Gives App Developers and Parents Welcomed Clarification on Parental Consent

Continuing our Blog’s updates on the Federal Trade Commission’s Frequently Asked Questions (FAQs) to the updated Children’s Online Privacy Protection Act (COPPA) Rule, we highlight that the FTC revised three portions of “Part...more

7/24/2014 - COPPA Data Protection FTC Mobile Apps Parental Consent Privacy Laws Websites

FCC Requires Closed Captioning of IP Video Clips

Yesterday, the Federal Communications Commission (FCC) released its Second Order on Reconsideration and Second Further Notice of Proposed Rulemaking (“Order” or “FNPRM”) requiring closed captioning of certain video clips...more

7/16/2014 - Compliance FCC Internet Popular

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more

7/8/2014 - Cell Phones Class Action Consent FCC TCPA

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest...

With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more

6/26/2014 - Cell Phones Evidence Law Enforcement SCOTUS Search Warrant

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little...

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more

6/11/2014 - Cell Phones Consent Prior Express Consent TCPA Texting Wells Fargo

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell...

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on...more

6/9/2014 - Consent Liability Robocalling State Farm TCPA Text Messages Wells Fargo

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