News & Analysis as of

Cell Phones

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

McGlinchey Stafford

Litigation Byte (July Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Sheppard Mullin Richter & Hampton LLP

Ring, Ring, it’s the FCC Calling- TracFone to Pay $16M to Settle FCC Investigation

TracFone, the pre-paid phone company, recently settled with the FCC over allegations that the company failed to protect customer information during three different data incidents. According to the FCC, in each of the...more

Robinson+Cole Data Privacy + Security Insider

Tracfone Settles FCC Investigation for $16 Million

This week, the Federal Communications Commission (FCC) announced a settlement with TracFone Wireless to resolve investigations into whether TracFone failed to reasonably protect its customers’ information from unauthorized...more

McGlinchey Stafford

Cellphone Users Are Not Categorically Excluded From Definition of “Residential Subscriber” Under TCPA

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On July 3, 2024, the United States District Court for the Southern District of New York held that “users of cellphones are not categorically excluded from the definition of ‘residential subscriber’ under the TCPA (Telephone...more

Fox Rothschild LLP

PA Creates $100 Million Fund for Cellphone Lockup Programs in Schools

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A law signed on Monday by Pennsylvania Gov. Josh Shapiro allocates $100 million to the School Safety & Mental Health grant program that can be used by schools to purchase secure, lockable smartphone bags students will use to...more

Cozen O'Connor

Cozen Cities - July 2, 2024

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BALTIMORE — Gig Work on the Rise in Baltimore Area- Gig work is on the rise in the Baltimore area, becoming a predominant lifestyle choice for many individuals. The trend underscores a significant shift in employment...more

Fisher Phillips

Nationwide Calls to Ban Phones in K-12 Schools: Key Considerations for Private Schools on Whether to Adopt a Phone-Free Policy

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States and public school districts across the country are pushing for cellphone bans in schools, claiming that the devices cause major classroom distractions and other negative effects on students. As a growing number of...more

EDRM - Electronic Discovery Reference Model

Geofence Search Warrant Held Valid

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

Fox Rothschild LLP

Pennsylvania Joins National Trend to Weigh Restrictions on Cell Phones in Public Schools

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The Pennsylvania Senate introduced a bill on June 21, 2024 to launch a pilot program to regulate the use of cell phones by students in public schools. A similar bill was introduced in the PA House in February 2024. The...more

Association of Certified E-Discovery...

Where in the World is That Phone? Geolocation of Mobile Devices

Mobile devices and cell phones are frequent sources of evidence in modern legal cases and investigations, and a common question involves where a phone was at a particular time. Although CSI makes this seem like a question...more

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

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Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

HaystackID

Ambient Light Sensors to Malware Threats: MIT Unveils Smartphone Privacy Risks Amid Market Turbulence

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Editor's Note: In a significant study from MIT's CSAIL, researchers have unveiled vulnerabilities in smartphone ambient light sensors, highlighting them as potential channels for privacy breaches. This discovery underscores...more

EDRM - Electronic Discovery Reference Model

April’s Notable Cases and Events in E-Discovery

[Editor’s Note: This article was first published April 17, 2024 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of the...more

EDRM - Electronic Discovery Reference Model

Push Notifications: The Latest Law Enforcement Evidence Source and Data Privacy Battleground

Hat tip to Debbie Reynolds for the heads up on this story! More than 130 petitions seeking access to push notification metadata have been filed in US courts, according to a Washington Post investigation also reported on...more

Lerch, Early & Brewer

No Need to Hit Record: Your Smartphone is Tracking You (and Your Spouse)

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Since the dawn of cellphones, partners in domestic disputes who suspect their spouse is cheating on them want to see their partner’s phone records....more

EDRM - Electronic Discovery Reference Model

Revolutionary Smartphone Data Collection Technology Helps Corporations Enforce and Comply with Regulatory Rules

The use of smartphones in the workplace is commonplace. Smartphones can offer many benefits to employees and employers, such as increased productivity, communication, collaboration, and flexibility. Hence, many companies...more

Sheppard Mullin Richter & Hampton LLP

AI-Generated Voice Calls: New Tech, Old Rules

The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the...more

Womble Bond Dickinson

FCC Adopts New TCPA Rules Expanding Consumer Consent Revocation Mandates

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The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more

EDRM - Electronic Discovery Reference Model

Rusty Texts: Sending Privileged Information to Clients

In ‘Rust’ Armorer’s Phone Snafu Shows Risks Of Texting Clients – Law360 (Feb. 13, 2024), Phillip Bantz wrote: “A legal dust-up over compromised text messages between a movie prop weapons expert and her lawyer in the ‘Rust’...more

Nelson Mullins Riley & Scarborough LLP

Beware of Scams that Hijack Cellphone Accounts: The Importance of Authentication for Businesses and Consumers: Privacy Day...

Consumers use cell phone numbers to authenticate their identities across a variety of accounts, such as those held with wireless providers, financial institutions, healthcare providers, and retail websites. One common example...more

Troutman Pepper

Speak for Yourself: Court Denies Class Certification in TCPA Case Based on Class Members’ Potentially Mixed Reactions to Ringless...

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On January 18, a court in the Eastern District of Wisconsin denied class certification in a Telephone Consumer Protection Act (TCPA) case concluding that the factual issue of whether the proposed class members had suffered an...more

Jones Day

New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

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A new FCC rule will require comparison shopping websites and lead generators to obtain consumer consent to receive robocalls and robotext messages one seller at a time....more

Troutman Pepper

FCC Closes Lead Generator Loophole by Requiring One-to-One Consent; Proposes Further Regulation of Robocalls/RoboTexts

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On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more

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