News & Analysis as of

Text Messages

TCPA Class Action Against Twilio Dismissed; No Violation of TCPA if Text Message Sent to Complete a Transaction

Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more

Phishing Moves to SMiShing

by Miles & Stockbridge P.C. on

Phishing, the fraudulent practice of sending emails purporting to be from reputable companies in order to induce individuals to reveal personal information (such as passwords and credit card numbers) is something that we have...more

Bullet-Point Update: The Latest in Electronic and Federal Court Discovery Issues

by Carlton Fields on

Cloud Computing - Use this to convince your clients that their cloud storage will be discoverable: PC Connection, Inc. v. Mereos, 2017 WL 1078121 (D. Md. March 22, 2017)(Awarding emergency injunction requiring independent...more

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

App Provider Escapes TCPA Liability for User-Initiated Text Message Marketing

by Klein Moynihan Turco LLP on

Last month, the federal district court in San Diego dismissed a putative class action lawsuit against mobile app provider Poshmark, Inc. (“Poshmark”) in connection with text message marketing delivered via the Poshmark app....more

TCPA Connect - June 2017 #2

Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Second Circuit Holds Consumers Cannot Revoke Consent Given as Consideration in Bilateral Contract in TCPA Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more

Second Circuit Provides Businesses with a Powerful Defense to TCPA Revocation Claims

by Reed Smith on

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or...more

Texas Passes Ban on Texting While Driving

by Littler on

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Messaging Apps May Face New Obligations in Russia

by Latham & Watkins LLP on

The State Duma, Russia’s lower chamber of Parliament, has adopted amendments to the Federal Law on Information, Information Technologies and Information Protection of the Russian Federation (the Law) in its first reading....more

Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful...

by Fisher Phillips on

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more

CAS Legal Mailbag Question of the Week – June, 2017

by Shipman & Goodwin LLP on

Originally published in CAS Weekly Newsletter - June 12, 2017. Dear Legal Mailbag: The typical public school nurse today most likely works with several students with severe and/or life threatening conditions that often...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

Reach Out And Invite Someone – Federal District Court Sets Limits On Liability Under The TCPA

by King & Spalding on

On May 15, 2017, a federal district judge granted summary judgment in favor of Poshmark, Inc., dismissing a putative nationwide class action alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more

Gather App Hit with TCPA Class Action Suit

Gather, a free app designed to allow users to create event invitations and send them to their contacts has been hit with a proposed TCPA class action suit. The named plaintiff alleges that Gather tricks users into giving...more

FINRA on Social Media, Digital Communications

The Financial Industry Regulatory Authority (FINRA) took on social media in new guidance that attempts to apply existing rules governing communications to online networking platforms....more

Retailer Successfully Defends Text Messaging TCPA Claim

by Jackson Lewis P.C. on

Earlier this month, the United States Court of Appeals for the Seventh Circuit in Blow v. Bijora upheld a lower court decision rejecting a plaintiff’s claim that she did not consent to receive text messages from the defendant...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

Mobile Marketing - The Legal Guardrails

by King & Spalding on

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... Please...more

TCPA FCC Petitions Tracker

by Kelley Drye & Warren LLP on

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

American Medical Association To Tackle Texting With Patients

by Roetzel & Andress on

This June, the American Medical Association (AMA) House of Delegates will take up the issue of patient-physician texting at its annual meeting. With respect to physician-patient communications, the AMA has already issued...more

Advertising Law - May 2017

Trust for TRUSTe’s COPPA Changes? FTC Seeks Comment - Changes may be coming to TRUSTe’s safe harbor program under the Children’s Online Privacy Protection (COPPA) Rule, and the Federal Trade Commission is seeking public...more

356 Results
|
View per page
Page: of 15
Cybersecurity

"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 using*

Already signed up? Log in here

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