Texting

News & Analysis as of

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

Week in Review - February 21, 2014

R u liable 4 your employee's txt msg? In some situations, the answer may be “yes.” Two courts reviewed employee texting issues this week. The first court reviewed whether an employer can be liable for an employee's...more

TCPA Not Violated When Consumer Voluntarily Provided Number to Business

A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone...more

Retailers Ask FCC to Clarify that Text Message Responses Are OK

Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested? The Retail Industry Leaders Association (RILA) thinks not, and has...more

Second Circuit: TCPA Class Actions Permitted in New York Federal Courts

A recent shift in 2nd Circuit law may lead to a rise in class actions under the Telephone Consumer Protection Act (TCPA). See Bank v. Independence Energy Grp. LLC, 736 F.3d 660 (2d Cir. 2013). After a 2012 Supreme Court case...more

You Didn’t Know Texting While Driving Was Illegal? Georgia Laws Are Rarely Enforced

Texting while driving is dangerous. But did you also know it is illegal in Georgia? ...more

Laws To Prevent Cellphone Use And Texting While Driving

Distracted driving causes 10 percent of all auto accidents involving an injury. Two causes of distracted driving are cellphone or smartphone use and texting while driving....more

Liable for Distracted Driving Even if You Weren’t in the Car? In New Jersey, it’s Possible

It’s well known that texting while driving can be extremely dangerous. So, it was perhaps no surprise when 18-year-old Kyle Best’s texting and driving caused a tragic accident in 2009 when his truck veered over the centerline...more

Georgia’s Law on Texting While Driving Explained

Drivers who text behind the wheel are 23 times more likely to be involved in a motor vehicle accident. Yet many still continue to do it. In fact, Georgia has the third-highest rate in the nation for drivers who text while...more

District Court Denies Class Certification For Text Message Recipients Where Issue of Consent Predominate

The United States District Court for the Northern District of California recently denied class certification for plaintiffs alleging a claim under the Telephone Consumer Protection Act (TCPA). ...more

Do Not Text A Driver In New Jersey

If you text and drive, do not — it is against the law. If you text someone you know is driving, do not — you just may be held responsible if an accident occurs because the driver is distracted by your text. ...more

New Jersey Court Sends A Message To Texters

A lot is being said these days about the dangers of distracted driving but a New Jersey appeals court recently said something no one in the country has ever said before: that someone who sends a text message to a driver can...more

Texting and Driving Still Dangerous, Now Also Illegal in Florida

As of October 1, 2013 it became illegal to text while driving in the State of Florida. Florida’s new texting ban is in effect with a $30 fine for a first offense and $60 for a repeat offender. ...more

Put The Phone Down: New Jersey’s Clear Message to Drivers

Smart phones. They make us more efficient, but not always smarter. Indeed, these devices have relegated the roadside payphone to the ranks of museum artifact…but at what cost?...more

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months....more

Police Crackdown on Distracted Drivers

Chandler police are ticketing people for texting and driving, even though Chandler does not have an ordinance prohibiting the practice. And judges are upholding the citations in court. ...more

Florida School Bus Driver Caught on Video Texting While Driving

A Hillsborough County eighth grader decided to video her bus ride, hoping to catch the bus driver cursing. Instead she captured video showing the female bus driver texting while driving and the school bus veering from its...more

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