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PODCAST - Inside Law - Public Policy Issues in 2013
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Instapundit: America's IP Laws Need to be "Pruned Back"
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
AP Scandal Demonstrates Need for Federal Shield Law to Protect Reporters
Release of new book on the 'Best Practices Under the FCPA and Bribery Act"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Tips for Mobile App Privacy Compliance
Serving Legal Documents Through Social Media
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
How to Protect Your Company From Hackers
Two Key Elements Every Social Media Policy Should Include
Free Nationwide WiFi: Myths & Facts
Attorney Michelle Cohen: Increased Federal Enforcement of Mobile Commerce in 2013
Jeff Ifrah on the Historic Legalization of Online Gaming in New Jersey
Can Virginia Block Non-Residents from FOIA Requests? Supreme Court Hears Oral Arguments
FCC to Create Free National Super WiFi Network? Not Anytime Soon—Dana Frix
Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more
On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more
SPECIAL FOCUS: CFPB -
The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices....more
The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more
The district court in Dennis v. Kellogg recently granted preliminary approval of a revised class action settlement. Kellogg is a class action alleging unjust enrichment, as well as violation of California’s Unfair Competition...more
Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the...more
The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides...more
The Ninth Circuit has held that allegations a consumer was misled into purchasing merchandise based on false advertising that the items had been marked down from a fictitious “original” price are sufficient to confer standing...more
Today the Illinois Supreme Court issued its decision in Standard Mutual v. Lay, 2013 IL 114617 (2013). Locklear brought a class action claim against Lay under the Telephone Consumer Protection Act of 1991 (TCPA), which...more
In this issue:
- Table Of Contents
- Table Of Authorities
- I. Introduction.
- II. Texas Citizens Participation Act: What is it?
- A. Background and Enactment of the TCPA.
In a recently released decision from the U.S. District Court for the Southern District of Florida, Mais v. Gulf Coast Collection Bureau, et al., Judge Robert N. Scola, Jr., granted in part and denied in part cross motions for...more
On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more
A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more
After allowing Plaintiff multiple opportunities to submit additional authority in opposition to Defendant’s Motion to Dismiss, the court dismissed his class action Complaint for failure to state a claim upon which relief can...more
The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin...more
ACMA warns about getting CISs right -
The ACMA has formally warned Activ8me and Sure Telecom about failing to make available critical information summaries (CISs) in breach of the Telecommunications Consumer...more
Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more
Plaintiffs still cannot dial up TCPA claims in New York.
On May 1, 2013, Judge William F. Kuntz, II of the Eastern District of New York denied a motion to reconsider his earlier decision dismissing claims arising...more
According to the Complaint, Plaintiff attended a Lakers basketball game at which time he saw the following statement to fans in the arena: “TEXT your message to 525377.” Plaintiff sent a text message stating “I love you...more
An Alabama Plaintiff sued New Jersey Defendants for violating the TCPA by sending an unsolicited fax advertising material for answering services provided by Defendant. Defendant filed a Motion to Dismiss challenging Personal...more
Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more
Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more
In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more
In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more
Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more
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