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Communications & Media Securities

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
Troutman Amin LLP

TEXTS AREN’T CALLS!: State Appellate Court Holds Text Messages Are Not Telephone Calls Were Purposes of Criminal Statute

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Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Hogan Lovells

UK Data (Use and Access) Bill: copyright clauses finally agreed

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The Data (Use and Access) Bill was finally agreed by the House of Commons and House of Lords on 11 June 2025, in a final round of parliamentary ‘ping-pong’. The Bill is now waiting for Royal Assent. A number of...more

Troutman Amin LLP

TCPA INSURANCE TO THE RESCUE?: Small Debt Collector Walks Away From Class Suit For Under Policy Limits

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TCPA insurance used to be very difficult to come by but slowly carriers are starting to write policies to protect companies from TCPA liability. Most of the policies are low limit high deductible affairs– $1MM is the max that...more

Farella Braun + Martel LLP

The Distinct Concepts of Copyright and Right of Publicity In Photos

A recent lawsuit filed by photographer Jackson Lee against MediaNews Group illustrates the important distinction between copyright and the right of publicity. Lee claims the publisher used his photos of Beyoncé, Jennifer...more

A&O Shearman

FCA operation against unauthorised finfluencers

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The UK Financial Conduct Authority (FCA) has published a press release on its leading international crackdown on illegal financial influencers (finfluencers) in collaboration with regulators from Australia, Canada, Hong Kong,...more

Buckingham, Doolittle & Burroughs, LLC

Understanding Anti-SLAPP Statutes: Do They Apply in Federal Court?

“SLAPP” is an acronym for Strategic Lawsuit Against Public Participation. The term was coined in the 1980s to describe lawsuits initiated to silence public speech about issues of public importance. Under the original...more

Akin Gump Strauss Hauer & Feld LLP

FCC Announces Tentative Agenda for June 2025 Open Meeting and Senate to Vote on Olivia Trusty’s Nomination

On June 5, the Federal Communications Commission (FCC) released a tentative agenda for its next Open Meeting, which is scheduled to take place on Thursday, June 26 at 10:30 AM ET. This release occurred a day before...more

Troutman Amin LLP

OVER THE HILL: Litigator Adean Hill Jr. Just Can’t Seem to Get Service Accomplished

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TCPAWorld has a bunch of little side stories in addition to all the big ones. Here’s a quick one for you. In Adean Hill v. Amity One Tax, 2025 WL 1592957 (N.D. Tex. June 5, 2025) the Court gave Hill one last chance to serve...more

Blank Rome LLP

Texas SB140: Changes to Telemarketing Law May Reshape Compliance and Litigation Risks

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Texas is poised for a significant overhaul of its telemarketing regulations with the anticipated enactment of Senate Bill 140 (“SB140”). Awaiting Governor Abbott’s signature and scheduled to take effect on September 1, 2025,...more

Morgan Lewis

Influencer Marketing Class Actions on the Rise: Common Themes & Key Takeaways

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A wave of class action lawsuits targeting influencer marketing practices has emerged in the first half of 2025, signaling what could be a popular trend in consumer class action litigation. With demands for substantial...more

Troutman Amin LLP

BUYING ACTIVITY VS. SELLING ACTIVITY: Court Holds Offers to Buy Houses Are NOT Telephone Solicitations– And Of Course They Aren’t...

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So just a couple months ago Queenie and I were in D.C. for the big DNC.com TCPA compliance summit. Was a great time. Very memorable and impactful. One of the most interesting panels at the show was one discussing the fine...more

Troutman Amin LLP

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

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I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

Vondran Legal

Options when you receive a Strike 3 Holdings subpoena from your ISP

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After years of handling hundreds of Strike 3 Holdings (S3) copyright defense cases, there is one question I get seemingly more than any other. The question is this: "should I contact my ISP to call off the subpoena?"...more

Wilson Sonsini Goodrich & Rosati

DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

Coblentz Patch Duffy & Bass

Beyond the FTC: Consumer Class Actions Are Redefining Influencer Marketing Risk

The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape...more

Burr & Forman

New York Court Dismisses TCPA Claim Based on Three Text Messages Sent After Revocation Request

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After receiving a text message from Defendant advertising Defendant’s products, Plaintiff texted “stop,” his request was acknowledged but Defendant sent him three more text advertisements over a nine day period. Apparently,...more

Sheppard Mullin Richter & Hampton LLP

Growing List of States Attempting to Regulate Kids’ Social Media Accounts: Nebraska Husks Up

Nebraska’s governor signed a bill into law that, among other things, creates the Parental Rights in Social Media Act. The provisions of the law will go into effect July 1, 2026, unless challenged. The law is similar to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The (Media) Empire Strikes Back

Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more

Wiley Rein LLP

How the FCC’s Public Notice on Connected Vehicle Technologies Could Reshape the Agency’s Covered List

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The Federal Communications Commission (FCC) has proposed adding certain connected vehicle technologies to its list of equipment and services covered By Section 2 of the Secure Networks Act – an unprecedented step that, if...more

Husch Blackwell LLP

Proposed State Privacy Law Update: June 16, 2025

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Keypoint: Last week, the Vermont Governor signed the Vermont Age-Appropriate Design Code Act into law. Below is the twenty third weekly update on the status of proposed state privacy legislation in 2025. As always, the...more

Hogan Lovells

Minnesota becomes first state to require mental health warning labels on social media platforms

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Minnesota’s state legislature moves to regulate social media by passing the nation’s first bill requiring mental health warning labels for online platforms. If signed by Governor Tim Walz, social media users will encounter...more

Kelley Drye & Warren LLP

NAD Reviews Green Claims in Battle Between Bottled and Boxed Water

The International Bottled Water Association (or ​“IBWA”) challenged over 50 express and implied claims by Boxed Water is Better (or ​“BWIB”), suggesting that boxed water is better for the environment. Yesterday, we looked at...more

Eversheds Sutherland (US) LLP

FTC amendments to COPPA Rule effective soon

On April 22, 2025, the Federal Trade Commission (FTC or the Commission) published an updated Children’s Online Privacy Protection Act (COPPA) Rule (Rule) in the Federal Register. The updates are effective June 23, 2025. But...more

Troutman Amin LLP

WAR OF ATTRITION: Lead Seller Stuck in TCPA Suit After Settling with Litigator Wins Transfer of Third-Party Suit

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Interesting little case for you folks today. Any time you are in a TCPA class action that involves multiple parties– such as when a lead seller makes calls and then transfers the calls to a buyer who is subsequently sued– the...more

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