Text Messages

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Monthly TCPA Digest - November 2016

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

FCC Issues Enforcement Advisory Clarifying Permissible Use of Robotexts Under the TCPA

On November 18, 2016, the FCC issued an enforcement advisory clarifying its position that autodialed text messages, known as “robotexts,” are subject to the TCPA. As we reported last year, the FCC issued a package of...more

Financial Services Weekly News - November 2016 #4

Editor's Note - Potential CFPB Reform in the Wake of the Election. The November 16 edition of the Roundup indicated that the Financial CHOICE Act (Act) may be a blueprint for legal changes affecting the financial...more

Litigation Alert: The FCC Enforcement Bureau Advises That Text Message Senders Must Comply With the Telephone Consumer Protection...

On November 18, 2016, the Federal Communications Commission (FCC) Enforcement Bureau issued an Advisory declaring that autodialed text messages, also known as robotexts, must comply with the requirements set forth in the...more

Advertising Law - November 2016 #4

CARU Emphasizes Accurate Performance, Use Presentations for Children - Two recent Children's Advertising Review Unit decisions emphasize the importance of providing accurate performance and use presentations for products...more

FCC Announces MOU with Canadian Counterpart to Combat Robocalls, Issues Enforcement Advisory on Automated Texts

Heading into the holiday season, the FCC shows no signs of slowing down in its consumer-focused initiatives, in particular those related to the Telephone Consumer Protection Act (TCPA). Earlier this month, for instance, the...more

A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions

Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA). Though it...more

TCPA RIP?

The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies...more

Hooters Loses Spokeo-Based Challenge to TCPA Lawsuit

Hooters of America, LLC (“Hooters”) recently lost a challenge to a federal lawsuit brought in connection with allegations that its text message advertisements violated the Telephone Consumer Protection Act (“TCPA”). The...more

US Coachways Settles TCPA Class Action for $49.9 Million

Recently, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone...more

Can Trump Make the TCPA Great Again? A Highly-Speculative Look at the Future of the TCPA under a Trump Presidency

So the person that won the second-most votes in last-week’s presidential election will soon be our new commander-in-chief (isn’t the electoral college neat?) Now I like watching interest rates spike as much as the next...more

Defendant Sanctioned for Failing to Preserve Text Messages and Failing to Produce Native Format Data: eDiscovery Case Law

In First Financial Security, Inc. v. Freedom Equity Group, LLC, No. 15-1893 (N.D. Cal., Oct. 7, 2016), California Magistrate Judge Howard R. Lloyd issued permissive adverse inference instruction sanctions against the...more

Not an LOL Matter: Court Provides Guidance on Steps Litigants Should Take to Preserve Text Messages

We’ve all been there. Your friends throw you in the pool with your phone in your pocket. You repeatedly slice your finger on shards of glass from your phone’s shattered screen. Or, maybe you forget your phone isn’t waterproof...more

Socially Aware: The Social Media Law Update Volume 7, Issue 6

Commercializing user-Generated Content: Five risk reduction strategies - We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to...more

Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal        

In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message...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

High Tech Way to Prevent Texting While Driving

Technology can disable cell phone use while driving, which could prevent many texting-related accidents. Illinois law prohibits the use of all hand-held devices while operating a motor vehicle. Calls, texts, and browsing the...more

Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts

Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”)....more

D.C. Circuit Weighing FCC’s Controversial 2015 TCPA Declaratory Ruling

Yesterday, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC’s 2015 Declaratory Ruling and Order,...more

TCPA Connect - October 2016

New Record Deal Reached in TCPA Settlement - In what could be the largest Telephone Consumer Protection Act settlement yet, a federal judge in the Northern District of Illinois signed off on a deal requiring three cruise...more

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

Dropped Cell Phone Does Not Lead to Spoliation Sanctions Under Amended Rule 37(e): eDiscovery Case Law

In Shaffer v. Gaither, No. 14-00106 (W.D. N.C., Sept. 1, 2016), North Carolina District Judge Max O. Cogburn, Jr. ruled that the sanction of dismissal requested by the defendant for the plaintiff’s lost text messages was...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

Health Tech Podcast - Episode 3: HIPAA, HITECH and TCPA [Audio]

In the third episode of their health tech podcast series, Ian O’Neill, a shareholder in Brownstein Hyatt Farber Schreck’s intellectual property department focusing on technology transactions, licensing, advanced media and...more

Court Refuses to Compel Disclosure of Archived E-Mails Due to “Undue Burden and Cost”

Elkharwily v. Franciscan Health Sys., No. 3:15-cv-05579-RJB (W.D. Wash. July 29, 2016). After a previous order granting the plaintiff’s motion to compel discovery of “live” e-mails, the court denied the plaintiff’s...more

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