One-to-One Consent 11th Circuit Challenge Dead -
As we previously reported, after the Eleventh Circuit vacated the Federal Communications Commission’s much-anticipated one-to-one consent rule in Insurance Marketing...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
2/24/2025
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
ECPA ,
Invasion of Privacy ,
Privacy Laws ,
Sensitive Personal Information ,
Stored Communications Act ,
Web Tracking
Fourth Circuit Potentially Weighing In on E-SIGN Act -
As we previously covered, a defendant making “winback” calls found itself mired in a TCPA class action in the US District Court for the District of Maryland in a case...more
12/24/2024
/ Appeals ,
Automated Systems ,
Class Action ,
Compliance ,
Do Not Call List ,
E-SIGN ,
Interlocutory Orders ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
Summary Judgment ,
TCPA ,
Text Messages
In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more
We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we discuss a...more
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a...more
In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more
6/3/2024
/ Appeals ,
Auto-Dialed Calls ,
CAFA ,
Class Action ,
Facebook Inc v Duguid ,
Fiduciary Duty ,
Robocalling ,
SCOTUS ,
Settlement ,
TCPA ,
Telemarketing ,
Text Messages
The last month has brought several noteworthy decisions helpful for defendants facing class actions brought under the Florida Telephone Solicitation Act (FTSA). Issues include the enforcement of arbitration agreements,...more
Despite changes in technology, fax-based TCPA class actions and related jurisprudence continue to march on. And just last month, the US Court of Appeals for the Ninth Circuit issued a gem of a decision (albeit unpublished)...more
In 2017, the United States Supreme Court decided the Bristol-Myers Squibb case, which limited state court jurisdiction. Bristol-Myers Squibb Co. v. Superior Court, 137 S. Ct. 1773, 1777 (2017). In Bristol-Myers, 600...more
The Carrier with Better Record-Keeping Practices Than the Insured Wins a Significant TCPA Insurance Coverage Dispute -
Last week, the Eighth Circuit held that an insurance company was entitled to the presumption that its...more
Spotlight on Consent: Individualized Questions of Consent Preclude Class Certification -
Despite the overwhelming focus this year on the issue of what constitutes an automatic telephone dialing system, defendants should...more
Part I – TCPA: Regulatory Update -
FCC Evaluates Comments Received in Several TCPA Proceedings -
The Federal Communications Commission (“FCC” or “Commission”) is busy evaluating scores of comments and reply comments it...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines a recent Illinois federal court ruling...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more
Food companies have several significant defenses to consumer fraud class actions over product labeling, say attorneys Joshua Briones and Crystal Lopez, and analyst Grace Rosales. The authors focus on damages, an area in which...more
A traditional fax machine is more and more giving way to email “desktop faxing” or efaxing. We know the TCPA covers the former, but does it also cover the latter? Understanding the subtle distinctions to this question and its...more