Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more
A federal district court judge refused to certify a class led by a serial plaintiff who prolonged unsolicited calls in order to create a cause of action under the Telephone Consumer Protection Act (TCPA). The decision is a...more
12/9/2021
/ Auto-Dialed Calls ,
Class Action ,
Class Certification ,
Class Representatives ,
Corporate Counsel ,
Do Not Call List ,
FCC ,
Private Right of Action ,
Putative Class Actions ,
TCPA ,
Text Messages
In a major development for companies that collect, use, and store biometric data, the US Federal Trade Commission (FTC) reached a proposed settlement of a complaint against a company that allegedly deceived consumers about...more
1/20/2021
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consent Order ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
General Data Protection Regulation (GDPR) ,
Misrepresentation ,
Photographs
Will anything stop the continuing barrage of class action lawsuits under the Telephone Consumer Protection Act (TCPA)? In 2020, TCPA lawsuits remained one of the most commonly-filed type of class action in federal courts...more
1/13/2021
/ Article III ,
Auto-Dialed Calls ,
Biden Administration ,
Corporate Counsel ,
Debt Collection ,
FCC ,
First Amendment ,
Injury-in-Fact ,
Robocalling ,
SCOTUS ,
Standing ,
TCPA ,
Third-Party Liability
As the COVID-19 pandemic continues to have significant economic consequences in the US, a key issue for insurers and businesses throughout the country will be whether all or a portion of losses may be covered by insurance....more
5/7/2020
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
Eversheds Sutherland is pleased to send you its sixth annual REDIAL: 2019 TCPA YEAR-IN-REVIEW – ANALYSIS OF CRITICAL ISSUES AND TRENDS IN TCPA COMPLIANCE AND LITIGATION. Inside this digital edition, you will find our in-depth...more
2/12/2020
/ ATDS ,
Auto-Dialed Calls ,
Cannabis-Related Businesses (CRBs) ,
Consent ,
Corporate Counsel ,
Do Not Call List ,
Energy Sector ,
FCC ,
Hobbs Act ,
Insurance Industry ,
Marketing ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Reassigned Phone Numbers ,
Safe Harbors ,
Split of Authority ,
Standing ,
Statute of Limitations ,
Statutory Authority ,
TCPA ,
Text Messages ,
TRACED Act ,
Utilities Sector
Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more
1/30/2020
/ Appeals ,
Article III ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Class Action ,
Corporate Counsel ,
Facebook ,
FCC ,
Mobile Devices ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Safe Harbors ,
Smartphones ,
Standing ,
TCPA ,
TRACED Act
More than a year has passed since the Federal Communications Commission (FCC) ended its supplemental comment period aimed at providing guidance on the definition of an “automatic telephone dialing system” (ATDS or autodialer)...more
As the use of biometric data continues to grow and become more prevalent across industries of all types and sizes, complying with data security and privacy laws has never been more critical or challenging. This is...more
9/11/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Constitutional Challenges ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Defense Strategies ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Injury-in-Fact ,
Standing ,
Statutory Defenses
While the California Consumer Privacy Act (CCPA) and its potential amendments are still a top concern for businesses, other states are showing that they will not be left behind when it comes to enhanced privacy legislation....more
6/7/2019
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Exemptions ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Pending Legislation ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Proposed Amendments ,
Proposed Legislation
Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more
8/14/2018
/ Advertising ,
Class Action ,
Corporate Counsel ,
Dish Network ,
Faxes ,
FCC ,
Marketing ,
TCPA ,
Telemarketing ,
Text Messages ,
Third-Party Liability ,
Unsolicited Faxes ,
Vicarious Liability
One of the many criticisms of the Telephone Consumer Protection Act (TCPA), enacted in 1991, is that it has not kept pace with developments in communications technology. Instead, the Federal Communications Commission (FCC),...more
Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more
3/13/2018
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facebook ,
Facial Recognition Technology ,
Injury-in-Fact ,
Popular ,
Standing
Many companies employ third parties to assist with communications to consumers, or to market their products and services through semi-independent agents, brokers, or contractors. As a result, companies may face vicarious...more
An unexpected decision from the US Court of Appeals for the Ninth Circuit has raised questions about the viability of nationwide class action settlements. What appeared to be a wrapped-up settlement agreement unraveled after...more
Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more
Whether courts can reduce statutory damages awards under the Telephone Consumer Protection Act (TCPA) is an ongoing issue because potential liability can be strikingly disproportionate given the lack of actual harm to class...more
An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more
Does a conversation with an in-house attorney always carry with it the protection of the attorney-client privilege? The answer is a resounding “no,” according to a recent federal appellate decision covering a range of issues...more
On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more
12/7/2016
/ American Civil Liberties Union (ACLU) ,
Corporate Counsel ,
Data Privacy ,
Electronically Stored Information ,
EU ,
EU Data Protection Laws ,
Federal Rules of Criminal Procedure ,
International Data Transfers ,
Search & Seizure ,
Search Warrant ,
Young Lawyers
The outcome of the 2016 presidential election has left many prognosticators scrambling to figure out the policy implications of the incoming Republican change in administration. Among countless other things, companies...more
With a trial looming like storm clouds on the horizon, several cruise ship companies and their affiliated travel agencies settled a “robocall” Telephone Consumer Protection Act (TCPA) class action up to $76 million. The...more
Since the enactment of the Telephone Consumer Protection Act (TCPA) in 1991, technological advances in the way people communicate have often outpaced the ability of the courts and the Federal Communications Commission to...more