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Communications & Media Consumer Protection

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

Patience is Waning: Courts Start Reversing Themselves on TCPA Stays as Delay on Omnibus Ruling Continues

by Dorsey & Whitney LLP on

It has been 15 months since oral argument in the ACA’s appeal of the FCC’s 2015 Omnibus, and courts are starting to lose patience waiting for a decision by the D.C. Circuit. Last week, two district courts in California...more

Virginia Attorney General Announces Settlement with Online Lender, Resulting in $2.7 Million in Relief to Virginia Consumers

by Goodwin on

?On February 7, 2018, Virginia Attorney General Mark R. Herring (Virginia AG) announced a settlement with a Virginia based online lender for alleged violations of the Virginia Consumer Protection Act. The lender allegedly...more

TCPA Class Certification Denial Exposes Major Spousal Scheme

by Dorsey & Whitney LLP on

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is...more

Email Marketing

by Bryan Cave on

Email is ubiquitous in modern life with billions of emails – wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act has...more

Ninth Circuit’s Pro-Defense Decision in Hyundai Opens the Door for Class Certification Defenses

On January 23, 2018, in a 2-1 decision, the Ninth Circuit sent class-action lawyers into a tizzy when it handed down its decision in In re Hyundai and Kia Fuel Econ. Litig., No. 15-56067, 2018 U.S. App. LEXIS 1626 (Jan. 23,...more

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

The FTC and Deceptive Advertising: Is there a Biennial Trend?

by Patrick Law Group, LLC on

At the end of December 2015, the Federal Trade Commission (the “FTC”) issued a policy statement to provide guidance and examples of how to avoid deceptive advertising in native ad placements (the “2015 Policy Statement”). ...more

Southern District of Florida Finds Telephone Dialing System is Not an ATDS Under the TCPA

by Burr & Forman on

In Ferrer v. Bayview Loan Servicing, LLC, No. 15-20877-Civ-Scola, 2018 WL 582584 (S.D. Fla. Jan. 26, 2018), the Southern District of Florida determined that a telephone dialing system that was incapable of predictively...more

Catching Up? A New Consumer Protection Cooperation Regime for the EU

by Morrison & Foerster LLP on

The European Union (“EU”) has long had a focus on consumer protection of EU residents. A new proposed EU regulation is set to improve the cross-border enforcement regime for consumer protection legislation. The new rules will...more

NAD Refers StubHub Pricing Claims to FTC

After StubHub.com declined to comply with the National Advertising Division’s recommendations with regard to its pricing claims, the self-regulatory body referred the issue to the Federal Trade Commission (FTC) for review....more

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

New Jersey Court Holds Text Revocation Must Follow Directions

by Burr & Forman on

Viggiano v. Kohls Department Stores, Civ. Action No. 17-0243-BRM-TJB, (D.N.J. Nov. 27, 2017) - Plaintiff filed a class actioTexn TCPA lawsuit placing at issue automated text message allegedly sent by Defendant after...more

South Dakota Moves Forward With State’s First Data Breach Law

by King & Spalding on

On January 25, 2018, the South Dakota Senate approved the state’s first data breach notification law. If passed, the law would leave Alabama as the only U.S. state without a notification law. The proposed law will now move to...more

TCPA Update: Financial Industry Keeps Up the Pace in Challenging FCC, Alleged Violations

by Baker Donelson on

The most important ruling by a court on the TCPA is one that has not quite happened yet. The D.C. Court of Appeals is currently considering ACA International's challenge to the ultra-expansive interpretation of the TCPA...more

Reading the Tea Leaves: Ninth Circuit Further Clarifies Injunctive Standing Issues in Bigelow Tea Cases

On December 20, 2017, the Ninth Circuit refined the injunctive standing requirements in the misbranding context in Victor v. Bigelow and Khasin v. Bigelow (collectively, “Bigelow”), finding that injunctive standing is...more

Clear Evidence of Consent Defeats TCPA Action

Finding “uncontroverted” evidence of consent, a federal district judge from the Eastern District of Michigan granted summary judgment in favor of the defendant in a TCPA action....more

2017 in Review: Significant TCPA Litigation and Regulatory Developments

Undeniably, 2017 was a big year for the Telephone Consumer Protection Act (TCPA), from the transition of power at the Federal Communications Commission (FCC) to a slew of cases directly impacting TCPA compliance and...more

It’s a Match: California DAs, eHarmony Reach $2.2M Deal

To end an action filed by a California city attorney and several district attorneys who challenged its automatic renewal practices, eHarmony agreed to pay up to $2.2 million in penalties and restitution....more

Court Rejects Plaintiff’s Efforts to Expand Discovery Beyond Fax

Prohibiting the plaintiff from broader discovery based on “mere speculation” about the existence of other fax advertisements, a Pennsylvania federal court limited discovery in a putative TCPA class action to the fax received...more

Angry Text Message Recipient Loses Court Challenge On Flu Shot Reminder

by Farrell Fritz, P.C. on

It’s flu season again. Your PCP at WPMG is thinking of you! So began the health care provider’s text message that prompted this month’s Second Circuit decision applying the Telephone Consumer Protection Act to a flu shot...more

FTC Finds COPPA Disconnect With VTech Connected Toys

In its first case involving connected toys, the Federal Trade Commission (FTC) announced a settlement with VTech Electronics over allegations that the company violated the Children’s Online Privacy Protection Act (COPPA)....more

Dinner Invite Fax Could Be an Ad

A three-page fax inviting the recipients to a dinner program could constitute an advertisement and was sufficient to establish standing, an Illinois federal court has ruled in denying a defendant’s motion to dismiss a TCPA...more

Table for Two: Restaurant’s Text Did Not Violate TCPA

A text message related to a transaction initiated by the plaintiff could not violate the TCPA, a California federal court held in dismissing a putative class action....more

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

by Foley & Lardner LLP on

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

The F-word and Preemption

by Reed Smith on

There are plenty of f-words in this post, but fear not, for they are all fully capable of traveling in polite company. Most are even family-friendly. The most tasty f-word here is the “F” in FDA: food. While we focus on drug...more

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