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Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

Business News Digest – July 2014

In this issue: - SEC v. Citigroup: A New Standard for Reviewing Consent Decrees - Credit Unions Beware – the TARP Watchdog Is Ready to Pounce - Canada's New Anti-Spam Legislation: What Does It Mean for...more

Canada’s Anti-Spam Law – not just for Canadians

Canada’s Anti-Spam Law (CASL) enters into force on Canada Day, July 1. It was passed in 2010 as a “made-in-Canada” solution to “drive spammers out of Canada“. Are you outside Canada? It’s important to know that this...more

Manual Link Penalties are Temporary

If you received a manual action or unnatural links penalty on your website, it is not forever. The penalties, which may range from months to years, do have an intrinsic end date and are related, according to Distinguished...more

Legal Information Bulletin: Canada’s Anti-Spam Legislation

Canada’s Anti-Spam Legislation (CASL) is coming into force on July 1, 2014. The purpose of this law is to help regulate commercial conduct by prohibiting certain commercial activities that are performed through electronic...more

Only 4 Weeks Until Canada’s New Anti-Spam Rules Come into Force

Starting on July 1, 2014, key provisions of Canada’s Anti-Spam Law (CASL) governing commercial electronic messages (CEMs) will go into effect, per our advisory thoroughly analyzing CASL. The statute and its implementing rules...more

What is an “Automatic Telephone Dialing System” under the TCPA?

Many, if not most, Telephone Consumer Protection Act (TCPA) cases hinge on whether the defendant’s alleged conduct involved an automatic telephone dialing system (ATDS). Under 47 U.S.C. § 227, an ATDS is defined as “equipment...more

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

N.D. Ohio Finds Putative Fax Blast Class Action Fails to Meet Commonality Requirement

A district court in the Northern District of Ohio recently denied a plaintiff’s motion for class certification in a TCPA blast fax case, finding that the proposed class failed to meet the commonality requirement under Federal...more

Thank You Commissioner O'Rielly - FCC Acknowledgment of TCPA Confusion is Long Overdue

But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more

What U.S. Businesses And Others Need To Know About The New Canadian Anti-Spam Law

A new Canadian law taking effect on July 1, 2014, will impact businesses -- whether located in Canada, the United States, or elsewhere -- that send commercial electronic messages to computers located in Canada or that install...more

Canada's Anti-Spam Legislation

Canada will begin regulating commercial electronic messages beginning July 1, 2014, under its new anti-spam legislation, commonly known as Canada's Anti-Spam Legislation (CASL). Under CASL, a commercial electronic message is...more

Bernstein Shur Business and Commercial Litigation Newsletter #37

We are pleased to present the 37th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent developments concerning securities fraud liability against law firms and other...more

Marketing in a Wired World: Telemarketing, Text and E-mail Marketing

Electronic advertising is on the rise as companies seek to meet consumers where they live: online and on their cell phones. Advertising by electronic mail and text messaging can be tailored to the desired market segment....more

Incoming Anti-Spam Software Regulations

Most Canadian businesses will have heard of the incoming Canadian Anti-Spam Law (referred to as CASL, which joins the Canadian pantheon of legislative acronyms like PIPEDA and PIPA). The consent requirements for sending...more

TCPA Connect - Feb 19, 2014

District Court Finds Consent a Valid Defense to TCPA Claims, Even When Customer Had Provided Phone Number Ten Years Before Autodialed Call - The issue of prior consent, and when and if such consent was provided by a...more

Laying Down the Law: Illinois Appellate Courts Confirm Insurance Coverage in TCPA Cases

The threat to many American businesses posed by the Telephone Consumer Protection Act of 1991 (“TCPA”) (47 U.S.C. § 227(b)) is undeniable. A typical alleged violation of the TCPA may consist of sending a fax without the...more

Advertising Law - Feb 13, 2014

FTC Drives Car-Related False Ad Suit to Settlement - The Federal Trade Commission recently settled charges with Nissan North America and its advertising agency over deceptive advertising for the Nissan Frontier pickup...more

Three, Two, One, Blast Off! Illinois Court Finds Coverage for Blast Fax TCPA Violations

Last year, the Illinois Supreme Court held statutory damages of $500 per occurrence for violations of the Telephone Consumer Protection Act (TCPA) were not punitive in nature and reversed an Illinois appellate court decision...more

How Canada’s Anti-Spam Enforcers Will Cooperate, Coordinate, Share Information

Canada’s Anti-Spam Legislation (CASL) brings with it new legal violations and penalties, some of which become effective as of July 1, 2014. The Canadian Radio-television and Telecommunications Commission (CRTC), the...more

Are LinkedIn Groups Are Out Of Control?

THE WILD, WILD WEST OF LINKEDIN - Many LinkedIn groups are out of control. Group members have discovered they can spam the group and get away with it. Many group admins are not doing a good job managing their groups....more

Look North, Marketers – Canadian Anti-Spam Law is Coming

The US CAN-SPAM Act is old hat for marketers in the US. But it is time to revisit email marketing compliance programs if you send email north of the US border. Canada’s anti-spam law (known as “CASL”) has been debated for...more

CASL Regulations: At Last

Industry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013. Bottom line: Canada’s new anti-spam law will take effect on July 1, 2014, and it includes significant...more

The Clock Is Running - CASL Is Coming – Is Your Company Ready For It?

Canada’s long awaited anti-spam law (CASL) comes into force as of July 1, 2014. CASL takes the approach of forbidding almost all unsolicited commercial electronic messages (CEMs) and generally speaking, requires intended...more

Are Your Robocalls Legal? Following Federal Law May Not Be Enough

Last week’s Seventh Circuit ruling in Patriotic Veterans v. State of Indiana confirms that businesses should check both federal and state laws before using automatic dialing systems (ATDS) to deliver prerecorded or synthetic...more

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