News & Analysis as of

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

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

FCC Adopts Stricter Rule for Mobile Message Marketing

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

Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent

After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations...more

Warning – Sexting Can Harm Your Teen’s Freedom

In response to the popularity of cell phones and other communication devices with Florida’s teens, and their fondness for sexting, a law was introduced in October 2011 to make sexting a crime....more

Of Poisonous Trees And Their Fruit: Illegal Searches

Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg. A text on a cell phone. Most text messages are not this dramatic and most text messages do not set off a firestorm of debate about...more

Law Allowing Police To Confirm Texting While Driving In Alabama?

A bill recently introduced in another state is being considered in Alabama also. The proposed legislation would allow police to take cellphones from the parties involved in accidents to check and verify if the person was...more

New Jersey Contemplates Raising The Bar For Distracted Drivers

In 2012, more than 590 people died in traffic accidents in New Jersey. That was 32 fewer than the previous year— a 5% decrease....more

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

Be Smart with Your Phone

Look around any conference room, coffee shop or elevator and you will find almost everyone has their smart phone in hand or nearby. While these hand-held devices are still used for talking on the phone, they are also used for...more

T-E-X-T-I-N-G: K-I-L-L-S

Distracted driving is a leading cause of automobile accidents in the United States. Emerging as a fundamental factor in driver error, attention to the road decreases as ownership of mobile communication devices soars. In...more

San Diego Teen Drivers and Cell Phones a Dangerous Mix

Teen drivers who are distracted because they are talking or texting on a cell phone have become one of the most dangerous causes of motor vehicle accidents. Despite a growing awareness among drivers of the dangers posed by...more

Employers Won’t Do Jail Time for Snooping Around on Employees’ Cell Phones, But They May End Up Paying for It

Do you ever have that feeling that the cell phone conspicuously pointed in your direction is actually taking your picture? Or, do you worry that a gossipy employee is spreading nasty rumors about you via text messages?...more

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