Smartphones Cell Phones

News & Analysis as of

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

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

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

Sixth Circuit Weighs In On Prior Express Consent

Under what circumstances does a person give his “prior express consent” to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill v. Homeward Residential, Inc., where it...more

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

Avoiding the Costly “Robo No-No”

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

Apple Adds Force Touch to the iPhone: A Peek at Pop(ular) Patented Gestures

At the recent Apple iPhone unveiling event, we learned that you can Peek at it with a light press on your iPhone screen and Pop into it by pressing a little deeper. And just like that, Apple unleashed a new namespace of...more

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

Wi-Fi Blocking – More Than A Nuisance; It’s Illegal

One of my law firm partners visited San Francisco this week and was complaining about the fact that she was unable to use her Verizon Hot Spot at her hotel. “In San Francisco?” I said. “Are you kidding?”  She wasn’t....more

Framing the Issues on Appeal in DC Circuit’s Review of the FCC’s Aggressive TCPA Order

The Federal Communications Commission (FCC) disappointed many with its July 1, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits, amongst other things, using an automated...more

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

FCC Public Notice Provides Details for Incentive Auction

As noted in our recent advisory on this subject, the FCC adopted procedures for next year’s scheduled incentive auction at its open meeting on Aug. 6. The FCC has now released the details in a 156-page Public Notice,...more

Supplement — Curtin’s California Land Use

This Supplement is intended for use in conjunction with Curtin’s California Land Use & Planning Law, Thirty-Fourth Edition (2014), authored by Perkins Coie attorneys Cecily Talbert Barclay and Matthew S. Gray. In lieu of...more

Android smartphones Stagefright engine vulnerable

It is being reported that 95% of all Android smartphones are vulnerable to being hacked with a text message, which is being called the “heartbleed for mobile.” According to security experts, the vulnerability exploits the...more

Northern District of California Requires A Warrant to Access Cellphone Geographic Information

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more

Health Care Entities Get Clarity from FCC on Telephone Communications

The health care industry is in the midst of rapid change as governments fight rising health care costs, providers look to comply with myriad new regulations, and technology continues to take a more prominent role in the...more

Warrantless access to cell phone location data may be heard by the Supreme Court

A number of courts have considered whether the Fourth Amendment requires the government to obtain a warrant to access historical and/or real time cell phone geographic location information, known as CSLI. CSLI is cell site...more

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more

4th Circuit holds that obtaining cellphone location information without a warrant is unconstitutional

We have been watching the warrantless search cases closely. Yesterday, (August 5, 2015), the Fourth Circuit Court of Appeals held that it was unconstitutional when law enforcement used their cell phone location information...more

Social Media Week Part V – Tools and Apps for the Compliance Practitioner

To conclude this week’s posts, I wanted to list some of the more prevalent social media tools, explain what they are and how you might use them in a compliance program. (As usual I got carried away so this series will...more

The FCC's TCPA Regulatory Ruling Imposes Tighter Call Restrictions

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

Social Media Week Part IV – Telling a Story About Honey

I continue my exploration of the use of social media in doing compliance by taking a look at a very innovative social media solution to a difficult compliance issue around, of all things, honey. This example shows how...more

Sixth Circuit Rules that “Pocket Dials” May Not Be Entitled to an Expectation of Privacy

In a move that may strike fear into the hearts of mobile phone owners everywhere, the Sixth Circuit recently ruled that a person’s “pocket dials” – those inadvertent calls made from a person’s mobile phone, generally when the...more

US Federal Communications Commission’s Recent Order Expands Potential Liability under the Telephone Consumer Protection Act for...

“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent...more

DANGER – “General” Search Warrants in the Digital Age

If you knew that there was a chance—maybe even a good chance—that a law enforcement officer could gain access to every single text, email, photograph and voice mail on your smartphone, going back years, because you were...more

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