News & Analysis as of

Privacy Communications & Media Consumer Protection

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Rite Aid Wins Summary Judgment in TCPA Action Involving Prerecorded, Automated Call for Flu Shot Reminder

In an outright win for pharmacies, the U.S. District Court for the Southern District of New York, in the attached opinion, granted Rite Aid’s motion for summary judgment in a class action alleging violations of the TCPA....more

Mobile targeting: A ‘secret weapon’ for good or ill?

by Thompson Coburn LLP on

It’s an advertiser’s dream — the ability to target customers through their mobile devices, right to down to where they are and what they are doing. But can such precisely targeted messages become a recipient’s nightmare?...more

Reading the Tea Leaves: What Lies Ahead for Broadband Privacy Regulation?

On April 3, 2017, President Trump signed into law a rare Joint Resolution of Congress under the Congressional Review Act (“CRA”), which disapproved the Broadband Privacy Rules adopted late last year by then-Chairman Wheeler’s...more

Medical Supply Company Hit with Class Action TCPA Fax Lawsuit

by Klein Moynihan Turco LLP on

A class action fax lawsuit has been filed against a medical supply company in the federal district court for the Southern District of Illinois. The plaintiff seeks to represent a nationwide class of persons and entities who...more

Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

by Klein Moynihan Turco LLP on

Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes...more

TCPA Connect - April 2017

FCC Combats Spoofed Robocalls - As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a...more

Comply with Telemarketing Laws or Face the Consequences

by Klein Moynihan Turco LLP on

Last week, the Federal Trade Commission (“FTC”) announced its settlement with “the ring leader of telemarketing operations that blasted illegal robocalls to consumers and called phone numbers listed on the National Do Not...more

Wells Fargo Resolves TCPA Class Action

by Klein Moynihan Turco LLP on

Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the...more

Congress Sends Repeal Of Obama-Era Privacy Rules To The White House

by King & Spalding on

Congress has sent repeal legislation (S.J.Res. 34) to the White House to undo the Federal Communications Commission (“FCC”) broadband privacy rules adopted in October 2016 that would have required cable and wireless companies...more

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

TrustE Pays $100,000 with NYS for Failing to Protect Children’s Websites

On April 6, 2017, New York Attorney General Eric Schneiderman (AG) announced that he has settled an investigation against TrustE for alleged violations of failing to adequately prevent illegal tracking technology on...more

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

TCPA Lawyers Awarded $15M in Legal Fees

by Klein Moynihan Turco LLP on

A United States District Court in Illinois has awarded attorneys’ fees of at least $15.6 million to the TCPA lawyers which shepherded through the largest class settlement in the history of the Telephone Consumer Protection...more

Heads Up, App Developers: Google Is Getting Serious About Privacy and Data Security in Apps

Beginning March 15, 2017, Google began removing apps from Google Play, its online marketplace where apps and other digital media are offered for download and use on the Android platform, for failing to comply with Google’s...more

The dangers of direct marketing: Seeking consent or asking for trouble?

by White & Case LLP on

The UK Information Commissioner's Office has issued fines to two businesses for unlawfully sending emails to individuals to ask about their marketing preferences. These cases emphasise the fact that "marketing" in this...more

President Signs Law Overriding FCC Rules Regarding Online Privacy

by Bass, Berry & Sims PLC on

On April 3, 2017, the President signed into law a joint resolution that eliminates rules submitted by the Federal Communications Commission (FCC) that would have required Internet Service Providers (ISPs) to get approval from...more

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent....more

Congress Overturns FCC’s Broadband Privacy Order [Updated]

by Perkins Coie on

New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more

D.C. Circuit Junks the FCC’s Junk Fax Rule

The Court of Appeals for the D.C. Circuit has just struck down the FCC’s rule requiring companies to include opt-out notices in solicited faxes, even as to persons who have previously consented to receive them. In Bais Yaakov...more

DC Circuit Strikes Down TCPA Fax Rule

by Klein Moynihan Turco LLP on

Last week, the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) struck down a Federal Communications Commission (“FCC”) rule promulgated under the Telephone Consumer Protection Act...more

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

Congress Invalidates New FCC Privacy and Data Security Rules

by Morgan Lewis on

Following actions by the Federal Communications Commission (FCC) to suspend the effective date of the FCC’s data security rules, the US Congress—pursuant to the Congressional Review Act—passed a resolution to block the...more

Judge Finds Standing Based on Spokeo in TCPA Class Action

Last week, on March 22, 2017, U.S. District Judge Marcia G. Cooke, a Florida federal judge, determined that Ray Mohamed had standing in his proposed class action against Off Lease Only Inc. (Off Lease) for alleged violations...more

D.C. Circuit Strikes Down TCPA Fax Opt-Out Requirement

by Bass, Berry & Sims PLC on

Last week, the D.C. Circuit overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the...more

The TCPA: An Unexpected Deterrent to Patient Engagement Tools

by McDermott Will & Emery on

In an age where providers are increasingly taking the management of their patient’s health online and out of the doctor’s office, the creation of scalable and nimble patient engagement tools can serve to improve patient...more

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