Text Messages

News & Analysis as of

Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more

Courts Confirm Importance Of Human Intervention

A critical issue under the TCPA is the extent to which the statute applies to mobile text messaging platforms. As evident from its title, Congress intended that the TCPA would protect consumers from unsolicited telephone...more

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

“PhysTexting” Is Not Enough to Form a Patient-Physician Relationship

The Texas Medical Board is proposing to modify its disciplinary rules to more specifically define the requisites for a physician-patient relationship required for prescribing. Under the proposed revision to 22 T.A.C. § 190.8,...more

SMS to Customers Seeking “Opt-In” for Advertisements May Violate TCPA

Customers who walked into a Bebe clothing store, purchased clothing, provided their phone numbers during the sale, and later received a text inviting them to “opt-in” to a list for additional discounts have a claim against...more

New State Laws Enacted to Address Marketing Calls and Texts to Cellular Numbers

People want relevant information at their fingertips. This commonly means obtaining information through mobile devices by several methods, including telephone calls, text messages, in-app messages, and push notifications....more

GroupMe Obtains Summary Judgment In TCPA Class Action; Dialing Equipment Is Not An ATDS

In Glauser v. GroupMe, Inc., the Northern District California granted summary judgment in favor of GroupMe, Inc. (“GroupMe”) in a putative class action alleging that GroupMe sent text messages via an automatic telephone...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Health Update - November 2014

“Healthcare-Related” Calls: Ambiguity at the Intersection of HIPAA and TCPA - Editor’s Note: The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer...more

FCC Accepting Comments on ABA Petition to Exempt Data Breach Notification Requirements from the TCPA

On November 6, 2014, the Federal Communications Commission (“FCC”) issued a Public Notice requesting comments on a petition by the American Bankers Association (“ABA”) to exempt informational calls and texts to mobile devices...more

FCC Seeks Comments on Request to Exempt Fraud and Identity Theft Notifications from TCPA’s Coverage

The Federal Communications Commission (FCC) is seeking input on the American Bankers Association’s (ABA) petition requesting that the FCC exempt certain time-sensitive informational notifications from the Telephone Consumer...more

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

Canada’s Anti-Spam Law (CASL) targets more than just email and text messages - CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system...more

American Bankers Association Asks FCC for Exemption From TCPA Liability

Why it matters - Seeking an exemption from Telephone Consumer Protection Act (TCPA) liability, the American Bankers Association (ABA) filed a petition with the Federal Communications Commission (FCC) to allow financial...more

Advertising Law - November 2014

Lawmakers: Time to Discuss the Internet of Things: What are the privacy, security, and consumer protection implications of the burgeoning Internet of Things? A group of senators has called for a hearing to...more

Web-Based Platform Not Autodialer under TCPA, California Federal Court Rules

A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more

‘Health Care’-Related Calls: Ambiguity at the Intersection of HIPAA and TCPA

The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer Protection Act (TCPA) for health care messages regulated under the Health Insurance Portability and...more

New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration. A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into...more

I have texts and Facebook posts that prove my spouse is cheating. Does this get admitted in my divorce case?

In a previous blog we posted about a spouses cheating and whether it’s a crime to spy on them. Following up with that post: On many occasions clients have wanted to know if the texts they have or the emails or Facebook...more

Ninth Circuit Addresses TCPA Text Message Claims

In Gomez v. Campbell-Ewald Co., No. 13-55486, 2014 WL 4654478 (9th Cir. Sept. 19, 2014), a panel of the Ninth Circuit Court of Appeals addressed several recurring issues in TCPA litigation, including: the efficacy of Rule 68...more

Ninth Circuit Affirms Summary Judgment for Defendant Taco Bell in Putative TCPA Text Message Class Action

The recipient of a text message advertising Taco Bell products sued the company, alleging that the message violated the Telephone Consumer Protection Act’s (TCPA) prohibition on calls to cell phones using an auto-dialer or...more

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA). Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell...more

Expect Focus - Regulators Are Watching: New Products, New Opportunities, New Risks - Volume III, Summer 2014

In This Issue: - IN THE SPOTLIGHT ..Standard CGL Policy Form Adds Data Breach Coverage Exclusion - LIFE INSURANCE ..Class Claims Against Lincoln National Barred in Section 419 Action – Again ...more

Ninth Circuit Weighs in on When Franchisors May Be Liable for Franchisees' Unlawful Text Messaging Campaigns

In Thomas v. Taco Bell Corp.,[3] a franchisee association planned a promotion in which text messages were sent to 17,000 people in the Chicago area to promote a local sweepstakes contest. The lower court dismissed the case...more

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