On April 7, 2021, in Gil v. Winn-Dixie, Case No. 17-13467, the U.S. Court of Appeals for the Eleventh Circuit issued an important decision on whether Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101...more
Companies engaging in telephone and text marketing will find some relief in the Supreme Court of the United States’ (“SCOTUS”) recent holding in Facebook, Inc. v. Duguid, which narrows the scope of the Telephone Consumer...more
As delays, closures, cancellations, workforce issues, states of emergency, and the World Health Organization’s declaration of “pandemic” caused by the reaction to the spread of COVID-19 (also known as the coronavirus)...more
On October 7, 2019, the Supreme Court denied Domino’s petition for writ of certiorari in Robles v. Domino's Pizza LLC, 913 F.3d 898 (2019), leaving in place the Ninth Circuit’s pronouncement that Title III of the Americans...more
In the summer of 2017, a supermarket chain owned by Kroger was hit with a putative class-action lawsuit for allegedly violating a law protecting individuals’ biometric data and information.
Originally published in Industry...more
The Ninth Circuit has issued one of the first appellate decisions on the subject of websites and mobile applications’ accessibility to visually impaired and other disabled individuals under the Americans with Disabilities Act...more
The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), represents a critical turning point in class-action litigation.
At issue in Spokeo was whether Congress may confer Article III...more
The Federal Communications Commission, the agency which Congress gave authority to implement regulations and enforce the Telephone Consumer Protection Act, expressly exempts common carriers who transmit prohibited fax...more
It is possible that a business may contact a changed or recycled phone number. According to the Wall Street Journal, as many as 37 million phone numbers are recycled each year by telephone companies. It is equally likely that...more