A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more
Recently, the U.S. Supreme Court heard oral argument in a case that has the potential to sound the death knell to the Federal Communications Commission’s (FCC) authority to bind courts to its interpretation of the Telephone...more
On September 17, 2024, electronic pagers and walkie-talkies belonging to members of Hezbollah exploded. Over the course of two days, several people were killed and wounded. This incident highlights the broad set of concerns...more
On August 2, 2024, Illinois Gov. J.B. Pritzker signed into law an amendment to the Biometric Information Privacy Act (BIPA), which will limit defendants’ exposure to liability on a “per scan” basis and clarify that electronic...more
Recently, Texas Attorney General (AG) Ken Paxton announced the launch of a Texas data privacy and security law enforcement initiative by establishing a new unit focusing on Texas’ privacy laws. The AG’s Office made the...more
8/2/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Data Security ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
State and Local Government ,
State Attorneys General ,
Texas
Background -
The Illinois Biometric Information Privacy Act (BIPA) prohibits companies from collecting, capturing or otherwise obtaining a person’s biometric identifier or biometric information (biometrics) without...more
The Genetic Information Non-Discrimination Act of 2008 (GINA) is a federal law that regulates the collection and use of genetic information. Among other things, the law prohibits employers from requesting or requiring...more
The Illinois Biometric Information Privacy Act (BIPA) is not the only law that governs private entities’ collection, use and storage of biometric data — there are biometric-specific laws in Washington State and Texas;...more
Under the Illinois Supreme Court’s recent decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, individuals now have five years to file claims under any and all subsections of the Illinois Biometric Information...more
The District Court for the Southern District of Florida recently dismissed a TCPA lawsuit for lack of Article III standing, holding that five unsolicited text messages did not constitute a concrete injury. Muccio v. Global...more
Last week, the first jury trial under the Illinois Biometric Privacy Act (BIPA) resulted in a $228 million verdict in favor of the plaintiff and the class. The case, Rogers v. BNSF Railway Co., was filed in May 2019 and was...more
Companies with Illinois employees have been bombarded with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA) over the last several years. These lawsuits generally allege that employers have not...more
The Western District of New York in Clark v. Buffalo City School District, Case No. 1:21cv00700, 2021 WL5764703 (W.D.N.Y. Oct. 28, 2021) recently granted a motion to dismiss because the defendant (a school district) was not a...more
Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. ...more
On September 17, 2021, the First District of the Illinois Appellate Court — which covers appeals from Cook County, Illinois — addressed a hotly contested issue under the Illinois Biometric Information Privacy Act (BIPA):...more
A court in the District of Oregon recently granted a defense motion to deny class certification, largely because the issue of whether the putative class representative’s phone number was “residential”—a prerequisite to TCPA...more
A judge in the U.S. District Court for the Eastern District of Pennsylvania recently concluded that receipt of unwanted text messages in violation of the TCPA can constitute an injury-in-fact for purposes of Article III...more
6/9/2021
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Dismissals ,
Federal Rule 12(b)(6) ,
Injury-in-Fact ,
Jurisdiction ,
Political Advertising ,
Standing ,
TCPA ,
Text Messages
The Fifth Circuit recently held that a TCPA plaintiff who received a single text message suffered an Article III injury sufficient to support standing for his claim. In Cranor v. 5 Star Nutrition, L.L.C., No. 19-51173, 2021...more
The Eastern District of Texas recently dismissed a plaintiff’s TCPA claim in Cunningham v. Matrix Financial Services, LLC, No. 4:29-cv-896 (E.D. Tex. Mar. 31, 2021) for lack of subject matter jurisdiction.
This decision...more
5/3/2021
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Exceptions ,
Government Debt-Exception ,
Motion to Dismiss ,
Robocalling ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA
Over the last several years, class action lawsuits filed under the Illinois Biometric Information Privacy Act (BIPA) have proliferated. These lawsuits have tended to come in waves: from claims involving consumer-facing...more
Recently, the Northern District of Illinois dismissed a TCPA putative class action without prejudice, finding that faxes inviting recipients to attend free continuing education veterinary seminars did not constitute...more
On September 21, the FCC’s Consumer and Governmental Affairs Bureau issued a declaratory ruling clarifying that businesses advertised via fax should not face “sender liability” for unsolicited faxes sent without prior...more
The Southern District of Indiana recently entered summary judgment against a certified class of TCPA plaintiffs because it concluded that defendants’ SoundBite platform did not qualify as an ATDS under the standard the...more
A court in the Southern District of Florida recently held that the plaintiff in a TCPA suit was not the “called party” under the statute because he received the calls in question only because his cousin rerouted them to the...more
Acknowledging that “effective communications with the American public” are “a critical component” of efforts to slow the spread of the coronavirus, the Federal Communications Commission (FCC) released, on its own motion, a...more