News & Analysis as of

Texting Mobile Devices

Texas Passes Ban on Texting While Driving

by Littler on

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more

Smartphones and Driving DO NOT MIX

Tragic automobile accidents forever change the lives of those involved. I have seen it too often in my career. For the victim, a life may be tragically cut short. For the at-fault party, they will live knowing that their...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

New Textalyzer App May Eliminate Distracted Driving

by Howard Ankin on

New York lawmakers have proposed to give police officers a new device called a Textalyzer to help reduce the high number of distracted driving accidents that result in serious injuries and fatalities. In Chicago, a car...more

Disturbing Facts About the Dangers of Distracted Driving

by Howard Ankin on

Driving distractions endanger the lives of drivers, passengers, other motorists, bicyclists and pedestrians. By educating the American public about the danger that distracted driving imposes and the impact it has throughout...more

High Tech Way to Prevent Texting While Driving

by Howard Ankin on

Technology can disable cell phone use while driving, which could prevent many texting-related accidents. Illinois law prohibits the use of all hand-held devices while operating a motor vehicle. Calls, texts, and browsing the...more

Stricter distracted driving laws: Will they make Chicago’s streets safer?

by Howard Ankin on

Back in 2014, changes made to legislation in Illinois made it illegal to drive while using any type of hand-held cell phone. Whether for texting or making phone calls, cell phones have since been banned in the hands of...more

HIPAA and Text Messaging

by LeClairRyan on

Text messaging is pervasive. Doctors and other health care providers, covered entities, and business associates currently use (and embrace) the technology. Texting is easy, fast and efficient. It doesn’t require a laptop...more

Texting, Distractions, & the Law

by Howard Ankin on

The safe operation of a motor vehicle requires constant attention to the road and driving conditions. For this reason, the State of Illinois has passed several laws that prohibit the use of cell phones, tablets, and other...more

The e-Workplace: Balancing Employer and Employee Rights

by Akerman LLP - HR Defense on

Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,...more

Wireless Carriers and Text Messaging Providers Should Check PSAP Registry for Text-to-911 Readiness and Contact PSAPs

by Kelley Drye & Warren LLP on

Yesterday, the Federal Communications Commission (“FCC” or the “Commission”) released its final public notice of updates to the Commission’s Public Safety Answering Point (PSAP) Text-to-911 Readiness and Certification...more

TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions...more

TCPA News: Businesses May be Liable to New Owners of Previously-Opted-In Mobile Numbers

by Polsinelli on

On July 10, 2015, the Federal Communications Commission issued a 138-page Declaratory Ruling and Order approving nearly two dozen proposals to the rules and regulations implementing the Telephone Consumer Protection Act...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

Utah Unemployment Law Update - Part 2

by Dorsey & Whitney LLP on

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

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

by Ballard Spahr LLP on

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

FCC Adopts Stricter Rule for Mobile Message Marketing

by McDermott Will & Emery on

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

Are You Ready for the New Telephone and Text Marketing Rules?

by BakerHostetler on

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

Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

by Holland & Knight LLP on

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public...more

Despite The Risks, Distracted Driving Is Still On The Rise

Distracted drivers endanger not only themselves, but also occupants of other vehicles on the road and pedestrians on the sidewalk. With the rising popularity of smartphones, the problem only continues to get worse....more

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

by Miller Canfield on

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

Emails and Text Messages On Personal Devices Subject to Public Records Act - Judge’s Ruling Demonstrates Risk to Public Agencies;...

by Best Best & Krieger LLP on

A Santa Clara County Superior Court judge recently ruled that emails and text messages concerning city business but stored on a public official’s personal device are subject to the Public Records Act (PRA). The PRA request at...more

Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues

by JD Supra Perspectives on

Our latest video report looks at the employment needs of global companies, textual harassment, working interviews, and other labor & employment law issues. This week we're focused entirely on workplace legal issues -...more

Textual Harassment Could CRE8 Liability For Employers

by Pepper Hamilton LLP on

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Retention Of Address Book Information In Hashed Form Still Criticized By Canada And Netherlands

by Dentons on

The Office of the Privacy Commissioner of Canada (OPC) announced the results of an investigation into a mobile messaging platform that allows users to send and receive instant messages over the Internet. The OPC coordinated...more

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Cybersecurity

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