Texting

News & Analysis as of

Texting and Driving: Is It Time for Tougher Laws?

With more and more cases of serious auto accidents caused by texting and driving making news headlines, it seems that many Americans seem to be in favor of stronger distracted driving laws, tougher enforcement, and harsher...more

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and...more

Can sending a text message make you liable for a car accident?

In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a...more

South Carolina Legislative Update

In the final regular week of work for the 120th legislative session, the General Assembly set to work through a statewide ban on texting while driving and ethic reforms – in addition to agreeing to a $24 billion budget for...more

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little...

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more

GR8 News for Mobile Carriers: District Court Lets Them Off the Hook In Text Messaging Case

FWIW, AT&T, Sprint, T-Mobile, Verizon Wireless, and CITA—a wireless trade association—can def breathe a sigh of relief. On May 19, 2014, a federal judge from the Northern District of Illinois granted summary judgment in favor...more

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

South Carolina Legislative Update

Rare SC Budget deal in the works H. 4701 - While S.C. lawmakers are working on a budget compromise that includes little new money for the state’s crumbling roads next year, state senators are debating a plan to spend...more

May 2014: Trial Practice Update: Courts, Lawmakers, and Other Groups Grapple with Juror Misuse of Social Media and the Internet

Jurors are expected to decide cases based on evidence they see and hear in the courtroom, after deliberating while sequestered from outside influences. For decades, courts have enforced rules and practices designed to make...more

Weekly Update from the SC State House - May 2014: The House addressed the Ethics Reform bill while the Senate worked through the...

Details from Each Chamber: HOUSE - The House worked through the Calendar this week, giving third readings to many noncontroversial bills. On Wednesday, the House adjourned debate on all bills on their calendar...more

And You Thought Your Teenager’s Cell Phone Bill Was High…NFL Team’s Texts Cost $3 Million

Fans everywhere like to complain about their team’s picks in the NFL draft. Maybe their team drafted a quarterback instead of a cornerback, or maybe it fell for that highly overrated prospect. Most such complaints stay safely...more

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious...more

The GPMemorandum, Issue 180

In This Issue: - Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy To Obtain Control Over Infringing Domain: A franchisor whose trademark was being infringed in a domain name recently obtained...more

South Carolina Legislative Update

Narrow medical marijuana approval possible in SC, H. 4803/S. 1035 - While a broad medical marijuana bill withered and died in the state legislature this session, bills allowing a more specific use of a medical...more

Texting While Driving — A Dangerous Combination

In a video caught by a Fort Myers police dashboard camera, a car is seen swerving, veering over the divider lane, travelling at unsteady slow to quicker speeds, unnecessarily applying the brakes, running over the curb, and...more

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court...more

Three Important TCPA Developments

Within the course of two weeks, there have important modifications in the way that the TCPA is applied and enforced. 1. In the Matter of GroupMe Inc./Skype Communications S.A.R.L., FCC Declaratory Ruling, FCC 14-33...more

Car Accidents Caused by Texting & Driving

Distracted driving is the act of driving while performing some other activity that takes your attention away from driving. As you would expect, distracted driving increases the chances of a motor vehicle accident in San...more

Court Finds That System Is Not An ATDS Unless It Can Generate (As Opposed To Merely Dial) Numbers On A Random or Sequential Basis

Judge Baylson of the Eastern District of Pennsylvania recently granted Yahoo! summary judgment in a case challenging Yahoo’s automatic email to text alert system because it did not use an automatic telephone dialing system...more

FCC Eases Some Standards for TCPA Consent Compliance Regarding Texting

Last week, the Federal Communications Commission (FCC) adopted two declaratory rulings that eased some standards for complying with the Telephone Consumer Protection Act's (TCPA) consent requirements regarding informational...more

Court Delivers Markman Order in UPS Case On Order of Text Message Deliveries

Judge Amy Totenberg rendered a Markman decision in a patent infringement action brought by Mobile Telecommunications Technologies, LLC (“MTel”), against United Parcel Service, Inc. (“UPS”). MTel alleged UPS infringed U.S....more

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the...more

The Spoliation of Text Messages

In the era of Twitter and Instagram, it should come as no surprise that a party’s cell phone data, including text messages, may prove invaluable to an adverse party during the course of litigation. As with any other...more

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