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Manatt, Phelps & Phillips, LLP

Court Finds Cellphones Covered By TCPA, But Tosses Suit

Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was...more

BakerHostetler

NAD Conference Recap: Who’s Your Sponsor?

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The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and...more

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY rules on TCPA case

On September 19, U.S. SDNY issued a TCPA consent-related decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic...more

Wiley Rein LLP

#MWC24 Highlights Collaborative Efforts to Stop Illegal Robocalls and Messages

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On Tuesday, October 8, CTIA hosted the ConnectMobile Forum as part of this year’s Mobile World Congress in Las Vegas. The event brought together stakeholders from the messaging and voice ecosystems to discuss consumer...more

WilmerHale

FTC Finalizes Rule Banning Fake Reviews and Testimonials & Touts New Rule at Open Commission Meeting

WilmerHale on

The Federal Trade Commission (the FTC or the Commission) voted on August 14 to approve its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule). The Final Rule, which will be effective on October...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Keeping Up With and Staying Ahead of FCC Actions on Data Privacy and Security - October 22nd, 12:00 pm - 1:00 pm EDT

Carriers have an obligation to protect customer proprietary network information (CPNI) and personally identifiable information (PI). Several recent FCC consent decrees resolving breaches of CPNI and PI show the FCC will hold...more

McGlinchey Stafford

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

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For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more

Pillsbury - CommLawCenter

FCC Provides Stations Affected by Hurricanes Helene and Milton More Time to Upload Third Quarter Issues/Programs Lists

Following the devastation wrought by Hurricane Helene across the American southeast and in anticipation of Hurricane Milton’s arrival, the FCC has announced an extension of the deadline to upload Third Quarter Issues/Programs...more

Dickinson Wright

Measures for Businesses to Comply with the FCC’s One-to-One Consent Rule by January 27, 2025

Dickinson Wright on

On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The...more

Omnizant

Multiple Websites for One Law Firm

Omnizant on

Imagine seeing five different exit signs on the highway for the same destination. Confusing, right? Multiple sites for one firm can be similarly misleading for a law firm’s prospective clients. Some firms come to us with...more

Manatt, Phelps & Phillips, LLP

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business. Christopher Payne filed a putative class action against Sieva Networks, alleging...more

Klein Moynihan Turco LLP

Sweepstakes Registration and Bonding Requirements

Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have...more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit: Employer Can Be Liable for Social Media Posts by Coworker

Social media posts made by a coworker off-hours and off-site may still support a Title VII claim against an employer, the Ninth U.S. Circuit Court has ruled. Lindsay Okonowsky was a staff psychologist at the Bureau of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Address FCC’s Authority in TCPA Cases: McLaughlin v. McKesson Cert Grant

The Supreme Court has granted certiorari in McLaughlin Chiropractic Associates v. McKesson Corporation (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the TCPA...more

A&O Shearman

Northern District Of California Pares Claims In Putative Class Action Against Social Media Company

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On September 30, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action asserting claims...more

Cooley LLP

The UK Online Safety Act: Categorically Challenging

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As the deadline approaches for the UK to categorise online services under its new Online Safety Act (OSA), where might the lines be drawn, and what do you do if you disagree?...more

Ballard Spahr LLP

Court Denies Class Certification in VPPA Case

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In a recent decision from the Southern District of Florida, U.S. District Judge Robert N. Scola, Jr. denied class certification of a proposed class of paid Univision NOW subscribers who assert that Univision NOW’s use of the...more

Cooley LLP

A Company’s PR Firm Gets Rosy on Social Media, SEC Enforcement Ensues

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Recently, a company settled an SEC enforcement proceeding because a public relations firm managing the CEO’s social media accounts went rogue when it disseminated material nonpublic information. Here are a few random...more

Womble Bond Dickinson

The Challenge of Fair Trials in the Age of Media Saturation

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Social media’s influence on American society carries major implications for the public’s perception of current events. With headlines reaching millions of consumers within minutes, public outrage over racially charged crimes,...more

Morrison & Foerster LLP - Social Media

Social Links: Going Back To Cali

California Governor Gavin Newsom has vetoed SB-1047. The controversial bill was intended to establish safety guidelines for artificial intelligence models and would have been the first significant piece of state AI...more

Wiley Rein LLP

Texas AG Brings SCOPE Act Enforcement Action Against TikTok – Just One Month After Law Took Effect

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The Texas Attorney General’s (AG) office announced its first enforcement action under a new children’s and teens’ state privacy law that went into effect a mere month ago. Texas’ Securing Children Online Through Parental...more

Troutman Pepper

Supreme Court Grants Certiorari: Revisiting the Hobbs Act and FCC Interpretations

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On October 4, the Supreme Court granted certiorari in the case of McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation. This case will address a critical question that has been a point of contention among various...more

Foley & Lardner LLP

Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by Regulators

Foley & Lardner LLP on

Corporate use of third-party messaging platforms, including ephemeral messaging tools (which allow messages to disappear), is quite common and has become both a cost efficiency for employers and a convenient way for employees...more

Robinson+Cole Data Privacy + Security Insider

T-Mobile’s $31.5 Million Data Protection and Cybersecurity Settlement with the FCC

Last week, the Federal Communications Commission (FCC) announced a data protection and cybersecurity settlement with T-Mobile, resolving the FCC’s investigations related to the data breaches suffered by T-Mobile that affected...more

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