Opt-Outs

News & Analysis as of

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more

United Kingdom and European Union Continue Push Toward Private Actions

There have been two recent developments in the expansion of private antitrust actions in the United Kingdom and the European Union. First, the United Kingdom continues to push toward opt-out collective proceedings for...more

California Appeals Court Holds Injury Required For Standing Under State Shine The Light Law

Recently, the California Court of Appeals, Second District, held that a plaintiff must have suffered a statutory injury to have standing to pursue a cause of action under the state’s “Shine the Light Act” (SLA). Boorstein v....more

Oklahoma Supreme Court Rejects Constitutional Challenge to the “Oklahoma Option”

Following last week’s oral arguments, on December 16, 2013 the Oklahoma Supreme Court issued an order rejecting a constitutional challenge to the state’s new workers compensation law. ...more

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

Opt-Out Cases in Securities Class Action Settlements

Introduction - This report provides, for what we believe is the first time, a comprehensive quantitative analysis of publicly available lawsuits and settlements of so-called opt-out securities cases: cases in which at...more

Big Brother is Watching You (Shop For Pants): Mobile analytics firms implement code of conduct for tracking customers while they...

If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around...more

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th....more

Advertising Law -- Jun 13, 2013

SPECIAL FEATURE: Manatt and Mergermarket Release New Study on U.S.-China Deal Activity in Entertainment, Advertising and Digital Media Sectors - Investment and M&A activity between the U.S. and China in the...more

Top 10 Reasons for International Harassment Best Practices

Training a global workforce can be a daunting task, and missteps can derail even the most well-intentioned compliance programs. Careful planning and attention to some important considerations can help ensure a successful...more

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in...more

Intra-class Debate Permissible During Opt-Out Period: 1250264 Ontario Inc v Pet Valu Canada Inc

On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the “opt-out” period when class...more

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

Advertising News & Analysis - April 18, 2013

In this issue: - FTC Chairwoman Addresses AAF’s Advertising on the Hill Day, Provides Broad Guidance - Bringing a Legal Challenge? Expect One in Return - NAD Says Doctor-Recommended Claims Need a Second...more

Michigan District Court Holds State Prohibition On Class Actions Does Not Preclude TCPA Class In Federal Court

Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more

Private Actions in Competition Law: The UK Government announces "opt-out" class actions for private competition damages claims

On 20 March 2013, George Osborne delivered his Budget to Parliament. The Government announced that in summer 2013 it will proceed with several of the competition reforms outlined in its recent response to the Department for...more

Visa/MasterCard Interchange Fee Litigation – May 28, 2013 Deadline to Respond to Class Action Settlement Agreement

All entities that accept Visa- or MasterCard-branded credit and/or debit cards must decide, on or before May 28, 2013, how to respond to the settlement agreement with Visa and MasterCard on behalf of a class covering...more

FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the...more

To Release Or Not to Release – If That Is the Question, What Is the Answer?

In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases in a plan of reorganization. In In re Indianapolis Downs, LLC, 2013 Bankr....more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

February 2013: Libor Litigation Update

UBS and Barclays Acknowledge Making False Libor Submissions. Investigations into misconduct at UBS and Barclays have revealed pervasive corruption of the London Interbank Offered Rate (“Libor”), which provides a benchmark for...more

My Open Letter To Congressman Poe On The Houston Business And Technology Roundtable

Yesterday, I had the privilege of taking part in a “Business and Technology Roundtable” with Congressman Ted Poe. The event was put on by SEMPO, HiMA and Google and was attended by marketing firms, well-known Houston brands...more

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