Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
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
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
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
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
Cellphone technology has certainly contributed to making life more convenient. But everyone knows that texting while driving has created a hazard, since distracted drivers cause serious injuries and deaths for motorists,...more
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
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
You may be wondering why an article about the new Florida statute banning texting while driving is being featured on a banking law blog. Admittedly, texting does not have much to do with banking, but the new law should be of...more
The FCC’s revised rules for telemarketers and text marketers, taking effect in October, could signal a big shift in how companies direct market, posits Julie O’Neill, a Morrison & Foerster attorney specializing in privacy...more
The U.S. federal law known as the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227, regulates telemarketing activities, including the use of autodialing systems to initiate unsolicited telemarketing voice...more
Consumer class actions alleging violations of the Telephone Consumer Protection Act (TCPA) are on the rise, with consumers filing several new class actions a week in California alone. Easy to file and requiring little upfront...more
The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more
Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text...more
If a driver who was distracted by viewing or responding to a text message causes an accident, could the individual who sent the text be liable to a third party who was damaged by the accident?...more
In this issue:
- October 16 is Coming…Is Your Company Ready?
- Are Disclaimers a Dying Breed?
- It Just Got Easier to Do the Right Thing, in Maine at Least
- No Matter Who’s Watching, Some Ads Just...more
On October 16, 2013, new rules promulgated by the Federal Communications Commission on June 11, 2012 implementing the Telephone Consumer Protection Act of 1991 go into effect regarding the requirements for prior written...more
It’s quite clear that the Federal Trade Commission and the Federal Communications Commission view existing federal consumer protection and communications statutes as fully applicable to new modes of communication such as...more
The Federal Trade Commission recently announced that it had settled a case representing its first action challenging a debt collector’s use of text messages.
In its complaint, the FTC alleged that the defendant debt...more
On September 25, the FTC announced the settlement of its first case against a debt collector for using text messaging to attempt to collect debts in an allegedly unlawful manner. The complaint, filed on August 23, alleged...more
Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA)...more
In This Issue:
From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe.
Excerpt from From Flying Robots to Logistics Bliss: A Case Study -
Text message: “Awesome.”
Is that any way to form a contract? In 2011, a Florida state court said it was.
It was as early as 1677 that the British Parliament passed the Statute of Frauds, which generally provided...more
Legislative Activity -
Senate Commerce Committee Evaluates FCC And FTC Nominees -
The Senate Committee on Commerce, Science and Transportation held a hearing on Wednesday, September 18 to consider the...more
According to studies from the National Highway Traffic Safety Administration (NHTSA), in 2011, an estimated 3,331 people were killed and an additional 387,000 were injured in crashes involving a distracted driver. Among...more
No, we are not talking about the angry text to your boss after he asks you to come in on Saturday, or the late night text to an ex-girlfriend or boyfriend. The one text message you will regret sending is one that could cause...more