Cell Phones

News & Analysis as of

US Court of Appeals Rules Pocket Dial Calls Fail to Exhibit an Expectation of Privacy

Florida Statute § 934.03 regarding interception and disclosure of wire, oral, or electronic communications closely mirrors the United Code 18 U.S.C. § 2511(1)(a), which clearly sets forth the rights to privacy regarding...more

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

Strong Dissents in the FCC’s New TCPA Order

On July 10, 2015, the Federal Communications Commission (FCC) released its TCPA Omnibus Declaratory Ruling and Order. We wrote about this order on June 29, previewing the FCC’s focus on consumers’ ability to opt out of...more

Dispositions légales et jurisprudence incontournables du 1er semestre 2015 en matière de droit social en France - Juillet 2015; A...

Vous avez peut être manqué certains développements récents… Cette lettre d’information rassemble quelques évolutions majeures du premier semestre 2015 en France en droit du travail. Les demandes de dommages et...more

TCPA News: Businesses May be Liable to New Owners of Previously-Opted-In Mobile Numbers

On July 10, 2015, the Federal Communications Commission issued a 138-page Declaratory Ruling and Order approving nearly two dozen proposals to the rules and regulations implementing the Telephone Consumer Protection Act...more

The Telephone Consumer Protection Act – FCC Approves New Rules

John met Susan in a bar. Enamored, he later asked her friend Mary for Susan's telephone number. The next day John called Susan on his iPhone to ask her out on a date. Sadly, John did not get the girl. Instead, he got sued by...more

Call (Un)Answered (the Second Ring): FCC Issues Sweeping Package of Declaratory Rulings on TCPA Petitions

In some of its most comprehensive guidance published in years, resolving more than 20 petitions requesting clarification of the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) on July 10...more

Unpacking the TracFone Cellphone Unlocking Settlement

On June 30th, the Federal Communications Commission’s (FCC’s or the Commission’s) Enforcement Bureau (EB) reached a projected $3.2 million consent decree to resolve an investigation into whether TracFone, the nation’s largest...more

CA Laws Pertaining to Texting and Driving

The number of auto accidents in the San Fernanda Valley that are caused by distracted driving has jumped in recent years, fueled primarily from an increase of drivers who attempt to text or use their cell phones while...more

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the...more

FCC Signals Enforcement of TCPA "Prior Express Written Consent" Rules

In a letter published on June 11, 2015, the Federal Communications Commission's (FCC) Enforcement Bureau expressed "serious concern" about PayPal's use of a website user agreement to obtain prior express written consent to...more

Law Enforcement in the 21st Century: How The Courts Are Responding

As published in PublicCEO* The world of law enforcement is changing rapidly. In the last few years, technology has advanced by leaps and bounds altering the way police officers do just about everything. New technology...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in...more

Second Circuit Dismisses Suit Over FBI’s Wiretapping of Marital Conversations in Securities Fraud Investigation

Federal Bureau of Investigation (FBI) wiretapping played an important role in the wide-ranging insider trading investigation and subsequent trials of Galleon Group LLC principals and traders. During his criminal prosecution,...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

FCC’s TCPA “Fact Sheet” Provides Little Hope for Relief Sought by Businesses

For several years, numerous businesses and industry groups have petitioned the Federal Communications Commission (“FCC”) to provide clarity to the Commission’s prior interpretations of the Telephone Consumer Protection Act...more

Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

Washington Department of Revenue takes same position on taxability of early termination fees being challenged in Massachusetts

In a ruling that will be of interest to taxpayers following Massachusetts appeals on the issue, Washington has issued recent guidance (see Washington DOR – Termination Fees) asserting that early termination fees for...more

Digilante Justice: Defamation By Camera Phone

Earlier this month, a man in Melbourne, Australia decided to take his very first selfie next to a Darth Vader poster at a local shopping center. A nearby shopper mistakenly thought that the man was taking pictures of her...more

Proposed California Law Would Automatically Approve Applications for Cell Sites

Municipalities Should Act Immediately if They Wish to Make their Views Known to their Legislators - The California State Assembly’s Local Government Committee has unanimously voted Assembly Bill 57 out of committee,...more

Court Clarifies Free Offers and Dual Purpose Calls

A recent decision from the Southern District of Alabama provides more clarity as to the treatment of “dual purpose” telephone calls to wireless numbers that offer free goods and services. The Federal Communications Commission...more

Federal Court Denies Certification, Declines To Infer A Lack of Consent From A Lack Of Documentary Evidence Of Consent

The Middle District of Florida recently denied class certification because the plaintiff failed to prove that consent (or more to the point, an alleged lack of consent) could be established on a classwide basis. In doing so,...more

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

Diversified Consultants, Inc. Successfully Strikes Fail-Safe Class Definitions In Putative TCPA Class Action

Kenneth Boyer filed a putative class action against Diversified Consultants, Inc. (“DCI”) and LiveVox, Inc., in the United States District Court, Eastern District of Michigan, alleging that DCI, through LiveVox, initiated...more

Europe’s Antitrust Investigation into Google Could Change the Cellphone Industry

In a long line of European regulators taking aggressive stances against American tech companies, Margrethe Vestager, the European Union’s (EU) antitrust chief, is determined to pursue antitrust claims against Google....more

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