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Third-Party Robocalling

Klein Moynihan Turco LLP

TCPA Vicarious Liability

An Illinois federal district court judge recently held that State Farm Mutual Automobile Insurance Company (“State Farm”) may be vicariously liable for alleged Telephone Consumer Protection Act (“TCPA”) violations. In Nater...more

Bradley Arant Boult Cummings LLP

Breaking Down The New FCC Lead Generation Rules

On Dec. 13, 2023, in a 4-1 vote, the Federal Communications Commission finalized new rules to close the so-called lead generator robocall and robotexts loophole, marking a significant paradigm shift in lead generation...more

Troutman Pepper

New Federal District Court Decision Allows Secondary Liability Theory Under TCPA to Proceed

Troutman Pepper on

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 27, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Bradley Arant Boult Cummings LLP

Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more

Proskauer - Minding Your Business

A Radical Change to Ratification: Key Takeaways from Henderson v. United Student Aid Funds, Inc.

On Friday, March 22, a split panel of the Ninth Circuit Court of Appeals found that a company with no direct contractual relationship with independent contractors could be found vicariously liable for the actions of those...more

Womble Bond Dickinson

TCPA Tea Leaves: Here’s Our Best Guess at How the FCC’s New Recycled Number Database Will Work and What It Will Mean for the...

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Tomorrow the FCC is set to meet and, presumably, to approve a Second Report and Order creating a database of re-assigned numbers... The database is being created to help callers avoid calling wrong numbers. When a phone...more

Womble Bond Dickinson

Conduit or Can’t Do It?: Platform Providers Suddenly in a Bind When Customers Use Their Products to Violate the TCPA

Womble Bond Dickinson on

Not long ago I would have told you that platform providers are “fine” when asked whether they could be held liable solely for the unlawful actions of customers using their products. Just like Verizon is never liable when a...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

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Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

Seyfarth Shaw LLP

The Positives and Negatives of the FCC’s Recent Omnibus Order on the TCPA

Seyfarth Shaw LLP on

On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The...more

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