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Womble Bond Dickinson

What Constitutes an Advertisement Under the TCPA? Two Courts Draw the Line In Recent Opinions

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Under the TCPA, the difference between “informational” messages and “advertisements,” or “solicitations,” can be a subtle one, and, on many occasions, a business’s TCPA liability – and quite possibly its financial stability –...more

Bennett Jones LLP

New Report from the Ontario Privacy Commissioner: Key Takeaways for Ontario Businesses

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The Office of the Information and Privacy Commissioner of Ontario (OIPC) released its 2018 Annual Report: Privacy and Accountability for a Digital Ontario on Wednesday, July 10, 2019. This report signals a move toward...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - October 2017 #2

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FBI Issues Flash Alert on Apache Struts Vulnerability - The Apache Struts vulnerability has been mentioned frequently in the media over the past month, as it is believed to have been involved in one of the largest and most...more

Kilpatrick

The TCPA and Risk of “Sabotage Liability”

Kilpatrick on

Takeaway: The Telephone Consumer Protection Act (“TCPA”) broadly defines the “sender” of a facsimile advertisement to include any entity “whose goods or services are advertised.” On its face, this language creates risk of...more

Alston & Bird

Class Action Roundup: Fall 2016

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In this edition of Class Action Roundup, we feature decisions from the third quarter of 2016, covering everything from pizza delivery and Uber drivers to payday lenders, canned tuna manufacturers, and even...more

Mintz

Part II - TCPA: Litigation - “But it’s an email!” — Potential Defense to TCPA Fax Blast Class Actions

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A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more

Dorsey & Whitney LLP

Efaxers Beware! FCC Finds Efaxes Subject to Consumer Protections of TCPA and JFPA

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The Federal Communications Commission (“FCC” or “Commission”) has released a declaratory ruling holding that a type of fax that contains unsolicited advertisements – an “efax” – is subject to the consumer protections of the...more

Carlton Fields

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

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Last month, the Federal Communications Commission (FCC) released a long awaited declaratory ruling and order, FCC 15-72, addressing several petitions which sought clarification of or exemptions from Telephone Consumer...more

Carlton Fields

The TCPA: Basics, Targeted Industries, and Trends

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The Telephone Consumer Protection Act (TCPA) was originally enacted to curb intrusive telemarketing and "robo" calls by restricting calls made to residences, and those made to cell phones using automated telephone dialing...more

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