Text Messages

News & Analysis as of

“Oh, What A Tangled Web We Weave When First We Practice To Deceive.”

Employer avoids liability for harassing texts sent by rogue employee - In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts...more

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more

GroupMe Gets an FCC Green Light on Sending Administrative Texts to Confirm Interest in Joining Social Network Groups

Previous TCPA Blog posts have noted that the FCC has a growing backlog of petitions for rulemaking, expedited declaratory ruling, or petitions for clarification on numerous issues posed by the TCPA. On a recent Friday, the...more

Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records

The California Public Records Act (“CPRA”) requires the disclosure of “public records” on request, unless such records are exempt from disclosure. In City of San Jose v. Superior Court (March 27, 2014, H039498) ---...more

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City...more

FTC Settlement with Debt Collector over Text Messages

Last month, the Federal Trade Commission (FTC) extracted a $1 million settlement from a debt collector who used text messaging to attempt to collect debts in an allegedly unlawful manner. ...more

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