Data Dividend: What is Personal Data Worth?
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
Opting Out of Medicare: When and How to Do It
Colorado’s New Comprehensive Privacy Law
Recreational Marijuana Use Legalized in NYS – Your Questions Answered
Jones Day Presents: Effect of GDPR, CCPA, and FTC on Blockchains
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...more
Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more
On July 25, 2020, the Federal Communications Commission (FCC or Commission) issued a Declaratory Ruling and Order in response to a 2015 petition by Anthem, Inc, a provider of health insurance (Anthem). Anthem requested that...more
Text-marketing (or SMS marketing) can be an essential tool for many small businesses. For a small price, any company can send bulk messages to hundreds of phone numbers of existing and potential customers. Originally...more
Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more
The Central District of California recently granted summary judgment to the defendant on a TCPA claim in Mendoza v. Allied Interstate LLC, SACV 17-885 JVS (KESx), 2019 WL 5616961 (C.D. Cal. Oct. 22, 2019), finding that the...more
The FCC issued a Public Notice seeking comments on whether companies sending text messages can send a follow-up text message to clarify the scope of an opt-out request without violating the TCPA....more
Recent News - Petition Seeks Clarification of Text-Message Opt-out Confirmation Messages - On November 1, 2019, Capital One Services, LLC (“Capital One”), a financial services company, filed a petition for declaratory...more
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
A decision earlier this month out of the Northern District of Illinois provides important cautionary tales for companies sending marketing text messages, as well as text messaging platform providers. Defendants Ralph Lauren...more
Today the Ninth Circuit made it clear that it will not tolerate Opt-Out Evaders in its Circuit. Opt-out evaders are unpleasant residents of TCPAland that set up “test” cases by, inter alia, sending everything but “stop” to...more
As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone...more
In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that...more
Greetings, TCPAlanders! I am the Earl of TCPAland. It is my pleasure to meet you all via the interwebs. Below, I bestow upon thee my learned thoughts on four more comments to FCC Docket 18-152. Buckle in, here we go!...more
As we reported here recently, the FCC is seeking public comment on a number of key issues impacting the scope of the Telephone Consumer Protection Act (“TCPA”). One issue of profound significance to be addressed by the FCC,...more
TCPALand is filled with people trying to game the system, especially when it comes to text message TCPA cases. You’ve got the classic opt-out evader, as we just saw in the Edible Arrangements case. But sometimes, the play...more
Outcome Health has agreed to settle a class action lawsuit for $2.9 million for alleged violations of the Telephone Consumer Protection Act (TCPA) arising from the transmission of automated text messages to users who had...more
Last week, the US Court of Appeals for the DC Circuit issued a long-awaited decision on an omnibus challenge to the FCC’s interpretation of the TCPA. While the decision provides some relief for businesses, it does not...more