Generative AI continues to dominate the conversation in 2023, and one particular aspect receiving increased scrutiny in the past weeks is AI-powered customer service chatbots. The Consumer Financial Protection Bureau (CFPB)...more
The FTC has made news recently with its recent enforcement activity regarding companies’ alleged disclosures of consumer health data, as detailed in our recent post FTC to Advertisers: We’re tracking Your Use of Health...more
Two momentous decisions regarding the Illinois Biometric Information Privacy Act (BIPA) recently came down from the Illinois Supreme Court. First, the Court recently ruled in Cothron v. White Castle System Inc. that a BIPA...more
The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes.
Join Kelley Drye Privacy...more
1/30/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Putative Class Actions ,
Risk Mitigation ,
Robocalling ,
TCPA ,
Text Messages ,
Unsolicited Phone Calls ,
Video Privacy ,
Video Privacy Protection Act ,
Web Tracking ,
Webinars ,
Website Owner Liability ,
Websites
On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a...more
For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is...more
On July 9, 2020, the Supreme Court granted Facebook’s petition for certiorari in a case with potentially broad implications for both class action litigation and business communications with their current and potential...more
7/13/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the government debt exception. William P. Barr et al. v. American Association of Political...more
7/9/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
In Glasser v. Hilton Grand Vacations Company, LLC, the Eleventh Circuit addressed a pair of appeals that presented the question of the appropriate definition of an automatic telephone dialing system (“ATDS”) as set forth in...more
Are district courts prohibited in every instance from considering challenges to the Federal Communication Commission (“FCC”)’s interpretation of certain provisions in the Telephone Consumer Protection Act – or can district...more
6/25/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated