Text Messages

News & Analysis as of

Trump Campaign Faces Second, Similar Suit in Same Court

Following on the heels of Plaintiff Joshua Thorne’s TCPA suit, the Donald J. Trump campaign was hit with a second TCPA lawsuit in as many days. See Roberts v. Donald J. Trump For President, Inc., No. 16-4676 (N.D. Ill. Apr....more

Currently Pending FCC Petitions in TCPA Matters

With the TCPA dockets remaining active going into 2016, we decided to put together a list of notable petitions pending at the FCC. The following list provides details on most petitions that the FCC has yet to rule on,...more

National Programming Services Defeats Putative TCPA Class Action

In Friedman v. Nat’l Programming Servs., LLC, No. CV 15-4866, 2016 U.S. Dist. LEXIS 40575 (C.D. Cal. March 25, 2016), the Central District of California granted summary judgment in favor of the defendant, National Programming...more

Failure to Stop Automatic Deletion of Text Messages Does Not Merit Sanctions (Florida)

Living Color Enters., Inc. v. New Era Aquaculture, Ltd., 2016 WL 1105297 (S.D. Fla. Mar. 22, 2016) - In this case, the plaintiff motioned for sanctions against the defendant for the deletion of text messages. The...more

Everything Old is New Again: New Sources for Spoliation Sanctions

A recent case in the Middle District of Tennessee highlights the scope and limits of spoliation sanctions under amended Rule 37(e). In Benefield v. MStreet Entertainment, LLC, 2016 WL 374568 (M.D. Tenn., Feb. 1, 2016), the...more

TCPA FCC Petitions Tracker

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

Summary Judgment Granted: Recruiting Text Not Telemarketing or Advertisement Under TCPA

A recent TCPA decision granting defendant’s motion for summary judgment presents interesting issues regarding the definitions of “advertisement” and “telemarketing” and the scope of consent. In Payton v. Kale Realty, LLC,...more

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

Home Field Advantage Continues for Tech Companies in Silicon Valley: Facebook Wins Big TCPA Victory on its Home Turf

In the latest example of a Silicon Valley court bending over backward to keep the TCPA’s grimy little paws off an emerging tech company, Facebook won a huge victory on the automatic telephone dialing system (“ATDS”) front...more

Post Breakup Text Messages May Lead to Restraining Order

A breakup can be an emotionally trying experience, sometimes driving people to act in ways they ordinarily would not. Reaching out to an ex may seem harmless - all you want to do is talk? But sometimes those seemingly...more

Emojis in Evidence

Text messages and emails—common forms of evidence in most cases—increasingly include nonverbal aspects such as emojis (or emoticons, as these symbols are sometimes called). This introduces a myriad of issues with regard to...more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Social Media for Physicians: Facebook or Faceplant?

Ever hear the one about the physician in an impaired provider program who appears in a Flickr photo with a martini in hand? How about the one about the physician's office manager who makes a comment on a patient's Facebook...more

Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer

Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This...more

Five Steps to Boosting TCPA Compliance

The Telephone Consumer Protection Act (TCPA) continues to be a tool utilized by the plaintiffs' bar for class action litigation. But the Act is also being wielded in run-of-the-mill bankruptcy adversary proceedings as...more

TCPA FCC Petitions Tracker

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

Federal Court Rules that Terms & Conditions can Provide Express Consent to Receiving Text Messages Under Telephone Consumer...

The issue of consent is a critical issue in cases alleging violations of the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits making any call using any “automatic telephone dialing system” to “any...more

Court Vacates Prior Adverse Inference Order in Light of Amended Rule 37(e) (California)

Nuvasive v. Madsen Med., 2016 WL 305096 (S.D. Cal. Jan. 26, 2016) - In this case, the court granted the plaintiff’s motion to vacate a prior order that imposed an adverse inference for the plaintiff’s failure to preserve...more

Move Along; Nothing to See in Ninth Circuit’s TCPA Opinion

On February 3, the United States Court of Appeals for the Ninth Circuit issued a decision affirming summary judgment in favor of the defendant on a Telephone Consumer Protection Act (TCPA) claim in Baird v. Sabre, Inc.,...more

Court States that Plaintiffs’ Overly Broad Requests Do Not Justify Defendants’ Failure to Issue Litigation Hold (New York)

Stinson v. City of New York, 2016 WL 54684 (S.D.N.Y. Jan. 5, 2016) - In this civil rights lawsuit, the court found the city-defendants to be grossly negligent in issuing and executing its litigation hold for the...more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

‘Happy Birthday to you,’ Facebook hit with class action over text message reminders

“Today is [Facebook friend’s] birthday. Reply to post a wish on her Timeline or reply with 1 to post ‘Happy Birthday!’” Facebook, Inc. (Facebook) faces a class action in California federal court for alleged violations of the...more

Digital Emotions: The Evidentiary Impact of Emoticons and Emojis

When computer science professor Scott Fahlman posted a sideways smiley face on an electronic message board at Carnegie Mellon University in 1982, he could not possibly have known that combination of dots and dashes would give...more

Ninth Circuit Affirms District Court’s Dismissal Of Telephone Consumer Protection Act Claim

February 3, 2016, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a Telephone Consumer Protection Act (“TCPA” or “the Act”) claim because the plaintiff-appellant gave prior express consent...more

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