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No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

When Is Internet Speech Protected Petitioning Activity? Federal Court Grants Anti-SLAPP Motion In FIRE CIDER Trademark Suit

On May 12, 2016, the District of Massachusetts held that that an online campaign in support of the cancellation of a registered trademark (FIRE CIDER) was protected petitioning activity, even though the campaign was organized...more

California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products

According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s...more

Second Circuit Highlights Splits on Nominative Trademark Fair Use

The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more

Solicitor General/OCC Opine Madden Was Incorrectly Decided, But Recommend Denial of Supreme Court Review

In a widely anticipated brief requested by the U.S. Supreme Court, the Solicitor General and the Office of the Comptroller of the Currency (OCC) have expressed the view of the United States that the Court should deny the...more

Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be a Game Changer

In response to a request of the U.S. Supreme Court (discussed here), the U.S. Solicitor General’s Office on Tuesday filed a brief with the Court expressing the U.S. Government’s views on the merits of the claims brought in...more

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Spokeo, Inc. v. Robins: What Does It Mean for TCPA Lawsuits?

As reported in our recent TCPA Connect, on May 16 the United States Supreme Court issued its highly anticipated ruling in Spokeo, Inc. v. Robins. The High Court ruled that a plaintiff must show a "concrete" injury-in-fact to...more

PayPal Reaches Settlement With Texas Over Venmo Privacy and Security Disclosures

Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20,...more

Uber Picks Up A Lawsuit

In a recently filed class action lawsuit, the plaintiffs allege Uber Technologies, Inc. (“Uber”) sent autodialed text messages to individuals after those individuals opted out of the messages by texting back “stop,” which,...more

New York Court Dismisses Defamation Suit Under Section 230 of the Communications Decency Act

On May 2, 2016, the New York Supreme Court for the County of Westchester granted defendant Seeking Alpha, Inc.’s motion to dismiss plaintiff Mark Nordlicht’s (“Plaintiff”) defamation complaint in the case styled as Nordlicht...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of...more

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on...more

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the...more

No Concrete Harm, No Foul: The Supreme Court’s Spokeo Decision

The U.S. Supreme Court on Monday announced a decision in Spokeo Inc. v. Robins (No. 13-1339) that may have far-reaching implications for plaintiffs seeking to enforce purely statutory rights under statutes like the Fair...more

…And We’re Back! Still No Resurgence of “Picking Off” After Campbell-Ewald

Following an interlocutory appeal, in which the First Circuit ruled that a Rule 68 offer made prior to class certification did not moot the plaintiff’s claim, defendant returned to the Massachusetts district court seeking...more

Supreme Court: Class Action Plaintiffs Must Show ‘Concrete’ Harm to Satisfy Article III

In a 6-2 decision, the Supreme Court, in an opinion authored by Justice Alito, held that the Ninth Circuit’s Article III standing analysis in Robins v. Spokeo was incomplete because it focused solely on whether the plaintiff...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Consumer Financial Services Newsletter - May 2016

Debt Collection Letters Now Have a Safe Harbor In The Second Circuit - Avila v. Riexinger & Associates, LLC, 15-1548, --- F.3d ---- , 2016 WL 1104776 (2d Cir. March 22, 2016) - The U.S. Court of Appeals for the...more

Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of...more

Spokeo v. Robins: Statutory Violation Does Not Automatically Create a Case or Controversy Under Article III

Earlier this week, the Supreme Court issued its highly anticipated decision in Spokeo v. Robins (see our previous posts on the case and oral argument). The United States Supreme Court held that a plaintiff must show that an...more

High Court Spokeo Ruling on Standing Avoids Nixing No Injury Class Actions

On May 16, 2016, the United States Supreme Court released its long-awaited opinion in Spokeo, Inc. v. Robins. In a 6–2 decision, the Court remanded the case to the Ninth Circuit for further analysis of the plaintiff's...more

Supreme Court's Spokeo Ruling Could Broadly Impact Consumer Class Actions

The Court’s discussion of concrete injuries likely applies to other statutory consumer class actions based solely on technical violations. On May 16, the U.S. Supreme Court issued its much-anticipated decision in Spokeo,...more

Spokeo, Inc. v. Robins: the Constitution Requires Proof of Concrete Injury

The Supreme Court of the United States, in a 6-2 ruling, has fleshed out the Constitutional requirement for proving injury in a Fair Credit Reporting Act case. In Spokeo, Inc. v. Robins, the Court held, in a boost to...more

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