The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Podcast: The Briefing by the IP Law Blog - Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
The Briefing by the IP Law Blog: Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions
The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more
A unanimous panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that a plaintiff who received only one ringless voicemail (RVM) had alleged a concrete injury sufficient to provide Article III standing to assert...more
In the intricate and often convoluted realm of TCPA litigation, the Ninth Circuit’s recent decision in Hall v. Smosh Dot Com, Inc. stands as a beacon, illuminating the complexities of Article III standing and the implications...more
This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more
“This is far from Plaintiff Na’eem Betz’s first rodeo. A frequent pro se filer, he brings this TCPA action against Synchrony Bank for allegedly calling him over 80 times using an autodialer and pre-recorded message,” stated...more
Does the receipt of a single ringless voicemail (RVM) create federal Article III standing for a Telephone Consumer Protection Act (TCPA) suit? No, an Ohio federal court has ruled, finding that the plaintiff failed to allege...more
Widening a split among courts that have considered the issue, a North Carolina district court held that a violation of the Do Not Call (DNC) regulations of the Federal Communications Commission (FCC) triggered liability under...more
Appellate courts have been busy the last few weeks deciding a wide swath of insurance issues. The Eighth Circuit became the first federal appellate court to weigh in on pandemic-related business interruption claims. ...more
Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc. did not have to cover the $60.4 million settlement of a class...more
On May 19, 2021, the United States Court of Appeals for the Third Circuit unanimously affirmed a district court’s decision granting summary judgment for Bank of America in a Telephone Consumer Protection Act (“TCPA”) class...more
Periodically, Nexsen Pruet member Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more
The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else - Introduction - On June 3, 2020, the United...more
The Southern District of Florida recently dismissed a TCPA putative class action for lack of standing, finding that the plaintiff could not show he suffered a concrete injury-in-fact. Reinforcing Eleventh Circuit precedent,...more
“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in one’s face. Annoying, perhaps, but not a basis for invoking the...more
With its potential for lucrative statutory damages, the TCPA attracts serial litigants like moths to a flame. In response, some businesses are trying to help callers avoid calling numbers associated with serial litigants by...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more
• In Salcedo v. Hanna, the court found that a single text message sent in alleged violation of the TCPA does not result in concrete injury required by Article III. • A single text message does not result in the type of...more
In Salcedo v. Hanna, No. 17-14077 (11th Cir. 2019), the Eleventh Circuit recently ruled that receipt of a single, unsolicited text message does not constitute the harm necessary to achieve Article III standing in a Telephone...more
A recent decision by the Eleventh Circuit will make it more difficult for plaintiffs to establish standing to sue under the Telephone Consumer Protection Act (TCPA). In Salcedo v. Hanna, et al., Case No. 17-14077, 2019 U.S....more
Do you have too much positive goodwill in the community and marketplace? Need to shed some so you can pump up your bad boy image? How would you like to engage in some illegal conduct that will result in claims of invasion of...more
This week in Horn v. Liberty Insurance Underwriters, Inc., 2019 U.S. Dist. LEXIS 90194 (S.D. Fla. May 30, 2019), the Florida district court held that an invasion of privacy exclusion under a claims-made policy prohibited...more
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more
Financial Services Update - FDCPA: no liability for a debt collector that provides the name of the hospital, the account number, patient name, date of service, and amount of debt, but who fails to include the word "creditor"...more
A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc., 2019 U.S. Dist. LEXIS 29598...more