The Federal Trade Commission (FTC) recently reminded companies why record retention policies are important, especially when required to comply with the Children’s Online Privacy Protection Act (COPPA)....more
On August 11, the Federal Communications Commission (“FCC”) issued a Report and Order (“R&O”) adopting rules to implement provisions of the Bipartisan Budget Act of 2015, which amended the Telephone Consumer Protection Act...more
Following the U.S. Supreme Court’s ruling in Spokeo v. Robins that plaintiffs must allege a concrete and particularized injury to meet Article III standing requirements, federal district courts across the country are...more
In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more
7/15/2015
/ Banks ,
CAN-SPAM Act ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Data Security ,
Debt Collectors ,
Do Not Call List ,
FCC ,
Financial Institutions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Inmates ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Unsolicited Phone Calls
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 ,
Fair Credit Reporting Act (FCRA) ,
Federal Jurisdiction ,
Imminent Harm ,
Popular ,
Private Right of Action ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Young Lawyers
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
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
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