Prior Express Consent

News & Analysis as of

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

CFPB and FTC Stop Two Payday Lending Scams

In separate suits brought by the Consumer Financial Practices Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) federal courts have frozen the assets of two separate groups who allegedly defrauded consumers by creating...more

Federal Magistrate Recommends Dismissing TCPA Class Claims Against Coke

Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement - In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more

FCC Seeks Comment on Petition Concerning Prior Express Consent

On August 1, 2014, the FCC issued a Public Notice seeking comment on a petition filed by Santander Consumer USA, Inc. (“Santander”), which requests an expedited declaratory ruling from the FCC to clarify the meaning of “prior...more

The EU Article 29 Working Party's Guidance on the "Legitimate Interest" Ground for Processing Personal Data

When precisely is a data controller lawfully permitted to process personal data? If a data controller does not have the consent of a data subject to process his or her data, when does the “legitimate interest”...more

Data protection issues for Google trouble BIG DATA business

Data protection issues for Google in Italy are not over. The Italian Data Protection Authority (DPA) has now challenged their privacy information notice requiring – among others – an express consent from users to their...more

Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Storming the CASL - Your email to Canada may now be against the law

Canada’s Anti-Spam Legislation (CASL) took effect July 1, 2014. CASL prohibits sending commercial electronic messages (CEMs) such as email, to parties in Canada without consent. If you don’t have consent or fall under one of...more

FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

Eleventh Circuit Rules on Alleged Violations of the Telephone Consumer Protection Act

Joining the Seventh Circuit, the United States Court of Appeals for the Eleventh Circuit ruled that the term “called party” in the Telephone Consumer Protection Act means the party who actually received the call, not the...more

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little...

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more

Defeating the “Fail Safe” Class Definition

Some class action plaintiff lawyers facing individualized liability issues will try to obtain class certification by defining the proposed class in a way that assumes liability. It’s somewhat akin to the baseball player who...more

New rules for biometric data

New rules on the usage of biometric data issued by the Italian data protection authority (the “Garante” or “DPA“) are meant to clarify the applicable obligations with the purpose to ease the adoption of technologies relying...more

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the...more

FCC Proposes Nearly $3M TCPA Fine Against "Robocalling" Platform for 184 Calls

The Federal Communications Commission (FCC) issued a Notice of Apparent Liability (NAL) to Dialing Services LLC, finding the company apparently liable for 184 prerecorded calls to cell phones in violation of the Telephone...more

TCPA Connect - May 2014

New TCPA Class Action Doesn’t Want to Make Friends - Ride-sharing company Lyft is facing a putative class action suit for allegedly violating the TCPA by encouraging users to invite their friends to join the service....more

TCPA Hot Issues: If Consent is Not Forever, What Constitutes Revocation?

One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more

Courts Continue To Wrestle With TCPA Consent

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phones using automatic telephone dialing systems or prerecorded voice messages absent the called party’s prior express consent. Text messages...more

Eleventh Circuit Issues Significant Ruling on TCPA Consent for Collection Calls to Cell Phones

The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more

FCC Grants Limited Package Delivery Notification “Prior Express Consent” Exemption

On March 27, 2014, the FCC granted, in part, a petition for expedited declaratory ruling filed by the Cargo Airline Association (“CAA”). (The FCC’s CAA Order can be found here.) In its petition, the CAA asked the FCC: (1) to...more

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more

Court Stays TCPA Class Action until FCC Rules on Definition of “Called Party”

The Eastern District of California recently granted a motion to stay proceedings under the primary jurisdiction doctrine in Matlock v. United Healthcare Servs., Inc., No. 13-2206, 2014 U.S. Dist. LEXIS 37612 (E.D. Cal. Mar....more

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