Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
Firing of Dental Assistant for Being “Irresistible” Ruled Legal by Iowa Supreme Court
One of the most difficult questions to answer in the context of the Telephone Consumer Protection Act is whether a call or text message qualifies as telemarketing and requires heightened consent. In the last month, the US...more
In May, we reported that the Federal Communications Commission (Commission) had adopted a Notice of Apparent Liability (NAL) against a voice service provider, Lingo Telecom, LLC (Lingo), for transmitting illegally spoofed,...more
Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more
Distracted driving affects everyone: drivers, passengers, pedestrians, and cyclists. The results can be catastrophic, resulting in personal injuries, physical disabilities and even death. According to the National Highway...more
Federal Communications Commission Takes Further Action Against Provider Facilitating Illegal Tax Robocalls - Following up on its previous enforcement actions, the Federal Communications Commission’s (Commission)...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we cover the FCC’s...more
Defending against claims under the Telephone Consumer Protection Act (TCPA) requires a strategic approach focused on compliance, documentation, and robust legal defenses. In this article, we focus on a recent decision from...more
A couple of recent district court decisions confirm that courts across the country continue to scrutinize and will dismiss complaints that contain conclusory and/or contradictory allegations without facts to support...more
Commission Strengthens International and Domestic Robocall Enforcement Partnerships - The Federal Communications Commission (FCC) entered into three new agreements to enhance its robocalling investigation and enforcement...more
On February 8, 2024, the Centers for Medicare and Medicaid Services (CMS) released a memorandum from the Quality, Safety & Oversight Group (QSOG) updating its 2018 guidance on texting patient information among healthcare...more
This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for February 2024. We discuss various regulatory developments, including guidance on the use of AI in coverage decisions and texting...more
Federal and state agencies continue to remain active this year, particularly with regard to laws that impact healthcare technology. As part of our ongoing efforts to track health technology-related legislation and...more
In the latest nail in the TCPA fax case certification coffin, the Fourth Circuit affirmed a denial of class certification in Career Counseling, Inc. v. AmeriFactors Fin. Grp., LLC, Nos. 22-1119 and 22-1136, 2024 US App. LEXIS...more
Commission Declares TCPA Prohibits AI-Generated Voices - Following up on January’s update, the Federal Communications Commission (FCC) issued a Declaratory Ruling that confirms that the prohibitions in the Telephone...more
On January 25, 2024, the Federal Communications Commission (“Commission”) released a draft Report and Order and Further Notice of Proposed Rulemaking (“Further Notice”) for consideration at its February 15, 2024, Open...more
The last month has brought several noteworthy decisions helpful for defendants facing class actions brought under the Florida Telephone Solicitation Act (FTSA). Issues include the enforcement of arbitration agreements,...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s newsletter, we discuss the FCC’s...more
Addressing robocalls and robotexts under authority granted to it by the Telephone Consumer Protection Act (TCPA) continues to be a priority agenda item for the Federal Communications Commission (FCC). Most recently, the...more
Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about problematic record-keeping practices involving the use of...more
Texting while driving is a huge concern for Delaware lawmakers and citizens. Every year, too many people are killed and seriously injured by distracted driving on our roads....more
Texting in the course and scope of business communications is almost ubiquitous. If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more
We have all seen the signs encouraging drivers not to text while driving. While some drivers have taken this advice to heart, many drivers continue to drive while texting, checking their social media page or replying to...more
The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more
Text messaging is convenient. It is an informal and instant mode of communication now available through numerous apps, which allow an individual to use their synced phone, tablet, and computer to quickly fire off messages. ...more
For those regularly monitoring the FCC’s various TCPA dockets, you now have a new docket to follow: CG Docket No. 21-402. The FCC announced on September 27, 2022 that all Commissioners had voted to commence a new robotext...more