Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or...more
The FCC recently issued a declaratory ruling explaining what calls and text message alerts it viewed as “emergency” for purposes of the Telephone Consumer Protection Act. Under TCPA, requirements to obtain consent to make...more
The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated calls, including text messages, to cell phones without sufficient prior express consent, and imposes a statutory penalty of $500 to $1,500 per...more
3/29/2020
/ Coronavirus/COVID-19 ,
Declaratory Rulings ,
Emergency Alerts ,
Exemptions ,
FCC ,
Hospitals ,
Public Safety ,
Robocalling ,
State of Emergency ,
TCPA ,
Text Messages
The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (“TCPA”), one...more
3/3/2020
/ Appeals ,
AT&T ,
ATDS ,
Auto-Dialed Calls ,
FCC ,
Prior Express Consent ,
Robocalling ,
Split of Authority ,
TCPA ,
Telecommunications ,
Text Messages
At the end of the Supreme Court’s most recent term, the Court released its long-awaited ruling in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., 139 S. Ct. 2051 (June 20, 2019)—a case that could have carried...more
9/4/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more
11/16/2018
/ Advertising ,
Appeals ,
Chevron Deference ,
Corporate Counsel ,
Dismissals ,
FCC ,
Hobbs Act ,
Motion to Dismiss ,
Putative Class Actions ,
Reversal ,
Statutory Interpretation ,
TCPA ,
Telemarketing ,
Unsolicited Faxes
Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more
10/29/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
FCC ,
Prior Express Consent ,
Robocalling ,
Smartphones ,
Statutory Penalties ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Text Messages
Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more
3/1/2018
/ Article III ,
Ascertainable Class ,
Attorney's Fees ,
Cell Phones ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Credit Unions ,
Declaratory Rulings ,
Equitable Relief ,
FCC ,
Federal Rule 12(b)(1) ,
FRCP 23 ,
Motion to Dismiss ,
Petition for Writ of Certiorari ,
Predominance Requirement ,
Prior Express Consent ,
Putative Class Actions ,
Robocalling ,
Spokeo v Robins ,
Standing ,
Subject Matter Jurisdiction ,
Summary Judgment ,
Superiority Claims ,
TCPA ,
Text Messages ,
The Fairness in Class Action Litigation Act of 2015 ,
Vaccinations ,
Written Consent