Text Messages

News & Analysis as of

FCC: No Additional TCPA Consent Required for Certain Calls to Utilities Customers

This month, the Federal Communications Commission (the “FCC” or “Commission”) issued a Declaratory Ruling clarifying what type of Telephone Consumer Protection Act (“TCPA”) consent is required for certain telephone calls and...more

Hold it, Doctor! Don’t Hit the Send Button!

The Joint Commission made a big splash when it issued its “Update: Texting Orders” back in the spring. That Update rescinded the accrediting organization’s long-standing prohibition on sending physician orders via text...more

Georgia District Court Dismisses TCPA Claim Due To Human Intervention

Colette Jenkins v. MGage, LLC, No. 1:14-cv-2791-WSD (N.D. Ga. Aug. 12, 2016) - Plaintiff filed this TCPA lawsuit after receiving 150 text messages over an approximately one year period during which she tried to stop...more

FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc....more

FCC Issues Declaratory Ruling that School Districts May Make “Robocalls” Without Violating Telephone Consumer Protection Act

The Federal Communications Commission (“FCC”) recently issued a declaratory ruling confirming “that school callers may lawfully make robocalls and send automated texts to student family wireless phones pursuant to an...more

FCC Outlines Exemptions from the TCPA for Schools and Utilities

On Thursday, Aug. 4, the FCC granted organizations representing schools and utilities significant relief from liability under the Telephone Consumer Protection Act—a law that subjects callers to substantial penalties if they...more

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...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

FCC Ruling Clarifies TCPA for Schools and Utilities

The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more

No More Playing Hookie: FCC Finds That The TCPA’s Emergency Purposes Exemption is Broad Enough to Allow Schools to Report Truancy...

Huck Finns of America beware. There will be a lot less time spent at the ole’ fishing hole during schools hours starting next year thanks to a declaratory ruling from the Federal Communications Commission (FCC) issued on...more

Power Play: Energy Utilities Score Big as FCC Approves Use of Robocalls and Texts Under the TCPA; Schools Get an Assist

Late last week, the Federal Communications Commission (FCC) issued a long-anticipated declaratory order, ruling that utility companies may make robocalls and send automated texts to their customers concerning matters closely...more

NIST Recommends Against SMS as Second Authentication Factor

On July 29, Paul Grassi, the Senior Standards and Technology Advisor at the National Institute of Standards and Technology (NIST) posted an unusual blog regarding the new draft NIST Special Publication 800-63-3: Digital...more

Human Intervention Saves Life360 From TCPA Liability

Last week, the United States District Court for the Northern District of California dismissed a putative class-action lawsuit filed against Life360, Inc. (“Life360”), a family networking app, for alleged violations of the...more

JCAHO Delays Decision Allowing Physicians To Text Orders

We previously reported that the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) lifted its ban on allowing health care providers to use texts for physician orders....more

Hospital Text Messaging Rules Placed on Hold by Joint Commission

The Joint Commission, which accredits hospitals and other health care organizations, hit pause on its prior May 2016 announcement to allow secure text messaging in hospitals and other health care organizations. The use of...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Joint Commission Okays Texting of Patient Orders

The Joint Commission recently announced a change in its policies whereby it will now allow providers to communicate patient orders via text message. The policy applies to all Joint Commission accreditation programs. While the...more

Text on the Dotted Line: A Text Message Can Create a Binding Contract

Here’s another story in the “It never gets easier” file. The Massachusetts Land Court recently decided a case that perhaps we should have all guessed was coming. This is the above the fold headline: Text...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

Beware: Sending A Text Message Can Be Just as Binding as Signing a Document By Hand!

We have all heard stories about the dangers of social media, whether it be an inappropriate tweet, a regrettable Facebook posting or a misdirected “sexting.” The decision issued by the Massachusetts Land Court in St. John’s...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

In the world of Twitter, Facebook and LinkedIn, it is no secret that individuals are communicating regularly on their smartphones about their business affairs. Recently, a court addressed the question about whether a text...more

Ninth Circuit Remands Dispute Over Arbitration, Finding That Third Party May Be Able To Assert Arbitration Protections

Late last month, the Ninth Circuit reversed a decision out of the Western District of Washington finding that a third party was not able to assert an arbitration provision. The underlying claim revolved around premium text...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Stricter distracted driving laws: Will they make Chicago’s streets safer?

Back in 2014, changes made to legislation in Illinois made it illegal to drive while using any type of hand-held cell phone. Whether for texting or making phone calls, cell phones have since been banned in the hands of...more

259 Results
|
View per page
Page: of 11
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×