A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a...more
In May, we told you about proposed revisions to the Illinois Biometric Information Privacy Act (“BIPA”) that should provide some welcome relief for defendants. Governor J.B. Pritzker has now signed that reform legislation...more
In a welcome change for defendants, a recent amendment to the Biometric Information Privacy Act (“BIPA”) is expected to significantly curtail potential damages under the statute. SB 2979, which passed the General Assembly on...more
Last week, the U.S. Securities and Exchange Commission (“SEC”) became the latest federal regulator to implement a data breach notification law. The commissioners unanimously voted to approve amendments to Regulation S-P (the...more
For years, we were able to tell most clients experiencing a potential data security incident that they likely had at least 30 days to notify any third parties about the incident – if they concluded it was a breach. There...more
Last week, a sharply divided U.S. Securities and Exchange Commission (“SEC”) significantly increased reporting requirements on public companies by adopting a Cybersecurity Risk Management, Strategy, Governance, and Incident...more
Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more
6/2/2020
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Consent ,
Damages ,
Motion To Stay ,
Oral Argument ,
Remand ,
Revocation ,
SCOTUS ,
TCPA ,
Texting
“Should we do a Zoom?” It has taken little more than a month for the Zoom video conference platform to take its place among the likes of Google, Kleenex and Xerox as brand names synonymous with the product or service being...more
We’re a quarter of the way through 2020 — even if March may have seemed liked several years unto itself — and it is shaping up to be another big year for TCPA litigation. We’ve gone through the dozens of TCPA decisions...more
Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more
9/18/2019
/ Advertising ,
ATDS ,
Cell Phones ,
Class Certification ,
Constitutional Challenges ,
Debt Collection ,
Exemptions ,
Faxes ,
Statutory Damages ,
TCPA ,
Telephone Service Providers ,
Text Messages ,
Unsolicited Faxes
For the vast majority of Americans, receiving a single unsolicited text message is a mere annoyance that does not warrant a federal lawsuit. But spurred by the language of the TCPA and a series of judicial decisions...more
The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA...more
On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more
5/2/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Recognizing that different levels of culpability warrant different annual civil penalty limits, the Department of Health and Human Services adopted a notification April 23, 2019, to be published in the Federal Register April...more
One of the most common things we discuss with clients is the need to ensure that privacy policies accurately reflect the actual procedures in place for handling confidential information. The SEC reiterated that point last...more
4/22/2019
/ Broker-Dealer ,
Cybersecurity ,
Data Protection ,
Enforcement Actions ,
Notice Requirements ,
OCIE ,
Opt-Outs ,
Personally Identifiable Information ,
Policies and Procedures ,
Regulation S-P ,
Risk Alert ,
Safeguards Rule ,
Securities and Exchange Commission (SEC)
Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more
3/14/2019
/ Advertising ,
ATDS ,
Class Action ,
Class Certification ,
Dismissals ,
Personal Jurisdiction ,
Putative Class Actions ,
Summary Judgment ,
TCPA ,
Tolling ,
Vicarious Liability
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more
As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more
Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on...more
Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more
If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more
8/30/2018
/ Advertising ,
Article III ,
ATDS ,
Attorney's Fees ,
Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Faxes ,
Motion to Dismiss ,
Partial Summary Judgments ,
Personal Jurisdiction ,
Reversal ,
Settlement ,
Standing ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more
Just when you thought it was safe to open your e-mail again without being inundated with updated privacy policies, here comes the California Consumer Privacy Act of 2018 (“CCPA”). The new law, which goes into effect on...more
7/16/2018
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
General Data Protection Regulation (GDPR) ,
Minors ,
New Legislation ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Private Right of Action ,
Right to Delete
Clients regularly ask: If we win this putative class action, can the opposition just file another one on behalf of another as-yet-unidentified putative class representative? Until June 11, the answer was “Maybe?” Now, the...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more
6/6/2018
/ ATDS ,
Auto-Dialed Calls ,
Class Certification ,
Consent ,
Exceptions ,
Interlocutory Appeals ,
Mootness ,
Personal Jurisdiction ,
Prior Express Consent ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA ,
Telemarketing