The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, is always a hot topic. Over the course of the last four months, however, a new and novel theory of TCPA liability—time-of-day text message cases—has flooded the...more
On January 24, 2025, only 48 hours before the Federal Communications Commission’s (“FCC”) FCC 23-107 Order was set to go into effect, the United States Court of Appeals for the Eleventh Circuit in Insurance Marketing...more
2/5/2025
/ Appeals ,
Consent ,
FCC ,
Loper Bright Enterprises v Raimondo ,
Prior Express Consent ,
Regulatory Reform ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 18, 2024, the United States Court of Appeals for the Eleventh Circuit heard oral argument in Insurance Marketing Coalition Limited v. Federal Communications Commission, et al., a crucial case challenging the...more
Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation -
In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more
A new genre of class action privacy litigation has landed in Arizona. Several class action lawsuits were recently filed alleging email tracking using “spy pixel” trackers, allegedly in violation of the Arizona Telephone...more
There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more
Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more
On November 22, 2023, the Federal Communications Commission (FCC) issued a proposed rule that will completely upend the landscape of lead generation and digital marketing for consumer retailers and sellers. The proposed rule...more
11/30/2023
/ Compliance ,
Consent ,
FCC ,
Lead Generators ,
Marketing ,
Proposed Rules ,
Retailers ,
Robocalling ,
TCPA ,
Text Messages ,
Third-Party Service Provider
On March 17, 2023, the FCC issued a Report and Order adopting final rules that require mobile wireless providers to block certain text messages to their subscribers. The FCC also issued a Further Notice of Proposed Rulemaking...more
4/12/2023
/ Comment Period ,
Consent ,
FCC ,
Final Rules ,
Lead Generators ,
Mobile Devices ,
NPRM ,
Prior Express Consent ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Wireless Internet Service Providers
In Ohio, the nation’s capital, and across the country, legislators have taken action in response to the Norfolk Southern train derailment that occurred in East Palestine, Ohio, on February 3. Here are the top three things to...more
4/3/2023
/ Biometric Information ,
Congressional Investigations & Hearings ,
Customs ,
Customs and Border Protection ,
Logistics ,
Proposed Legislation ,
Railroads ,
Railways ,
Train Accidents ,
Trains ,
Transportation Industry
Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more
Oklahoma’s House Bill No. 3168 was signed into law on May 20, 2022, prohibiting the use of an “automated system” to make a “commercial telephonic sales call” without the “prior express written consent” of the “called party.”...more
Much undoubtedly changed in the world of pandemic litigation. From remote proceedings to Zoom depositions to mediation by virtual breakout room, we have grown accustomed to litigation from the living room.
But to be...more
We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more
It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more
6/30/2021
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
TCPA ,
Telemarketing ,
Text Messages
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a deep circuit split with respect to the boundaries of TCPA liability. In its holding, the court unanimously adopted a...more
While the consumer class action landscape has been dominated as of late with the usual suspects (Telephone Consumer Protection Act, Fair Credit Reporting Act, etc.) and the new twists on old standbys (current flavor of the...more
In July of 2020, the Supreme Court issued its highly anticipated decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020), known ever since as the AAPC decision. The Supreme Court set...more
2/3/2021
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Debt Collection ,
Discrimination ,
FDCPA ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
Regulators are continuing to pursue enforcement action against misrepresentations that are connected to the COVID-19 pandemic. The FTC has received 71,841 fraud reports from January 1 to July 21, where total fraud loss was...more
Though the Illinois Biometric Information Privacy Act (“BIPA”) was passed in 2008, it remained fairly under-the-radar until about 2017, when it manifested in a growing wave of class action lawsuits largely centered on whether...more
The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS):
The term “automatic telephone dialing system” means equipment which has the capacit...more
Fraud During the COVID-19 Pandemic -
As the COVID-19 pandemic continues to alter daily life across the globe, reports of pandemic-related fraud are increasing. With the World Health Organization (WHO) declaring a “news...more
On March 20, 2020, and effective immediately, the Federal Communications Commission (FCC) issued a ruling applying the Telephone Consumer Protection Act’s Emergency Purposes Exception to the novel coronavirus. This ruling...more
California may be a lot of things, but business-friendly is generally not one of them. Case in point, the California Consumer Privacy Act (“CCPA”) will take effect on January 1, 2020. A series of recent potential amendments...more