News & Analysis as of

Mobile Retail Consumers – Text Me, Maybe?

As much as we all love clipping coupons from circulars (yes, they still do exist), searching through our emails for retail promotions, and, perusing websites, such as Gilt Groupe, for bargains, a new marketing trend is upon...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

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

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

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

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

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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