Manatt’s Continuing Coverage of Significant Post-ACA International Developments

Manatt, Phelps & Phillips, LLP

Well over a year has passed since the ACA International (ACA) decision from the D.C. Circuit changed the face of litigation in the Telephone Consumer Protection Act (TCPA) world by striking down the Federal Communication Commission’s (FCC) 2015 automatic telephone dialing system (ATDS) guidance, and courts remain hopelessly split on what constitutes an ATDS with no immediate relief in sight. Federal district judges are still issuing opinions interpreting ACA, with district courts in the Ninth Circuit consistently following the plaintiff-friendly decision Marks v. Crunch San Diego, and others either following Marks or, to a greater extent, the Second Circuit’s opinion in King v. Time Warner Cable and/or the Third Circuit’s opinion in Dominguez v. Yahoo,both of which arguably favor defendants (depending on the underlying facts, of course). The Second, Third and Ninth Circuits remain the only significant appellate-level opinions on ACA(though the Ninth Circuit just recently reaffirmed Marks in the Duguid v. Facebook case, and the FCC has yet to issue any guidance defining an ATDS in the post-ACA world.

We have observed no significant shift in how the district courts are interpreting ACA since our last update—i.e., still a little over half of the district court cases we have reported on have found that there was an ATDS when applying ACA (though there has been a slight uptick in this regard in favor of plaintiffs surviving dismissal); about a third have held that ACA invalidated all prior FCC orders defining an ATDS; and about one-fifth have found that human intervention was a deciding factor as opposed to just the 2015 order discussed in ACA. The volume of district court decisions on ACA has, however, slowed somewhat over the past couple of months, which may be the result of the Fourth Circuit’s and Ninth Circuit’s recent decisions finding one of the TCPA exemptions (the so-called “debt-collection exemption” for government debt collectors) to be a content-based restriction on speech in violation of the First Amendment to the U.S. Constitution. These two undoubtedly key decisions could, in theory, lead to a showdown in the Supreme Court on the constitutionality of the entire TCPA itself and, as such, could moot any further discussion of the impact of the ACAdecision, at least in the short term.

Since our last update, there have been no new appellate decisions and only six new district court opinions: one from the Second Circuit, one from the Fourth Circuit, three from the Seventh Circuit and one from the Eleventh Circuit. While the volume of opinions from district courts in the Seventh Circuit—particularly the Northern District of Illinois—has continued to steadily increase, the volume of opinions from district courts in other circuits has not, and the Seventh Circuit itself and other Circuit Courts of Appeals have still refrained from weighing in, though there are various cases on appeal. While there was a significant district court opinion on ACA from the Fourth Circuit for us to report on in this edition, there have still been no significant decisions on ACA at the district court level in the Fifth Circuit, which is particularly noteworthy considering the volume of TCPA cases filed there (second only to the Ninth and Seventh Circuits). And while further analysis is beyond the scope of this article, we have noted that litigants are still seeking to stay their cases because of ACA—arguing that the court should stay the case until the circuit split is resolved and/or the FCC provides guidance—with varying degrees of success.

As part of our continuing coverage in this area, the Manatt teammonitors and reports on significant developments at the FCC, and on noteworthy (i.e., dispositive or class certification-related) federal district and appellate court decisions interpreting, applying or otherwise evaluating ACA in ways that may impact our readers. To read all of our previous articles on post-ACA developments, please click here.

Update on Marks: As noted above, the Ninth Circuit recently reaffirmed its controversial holding in the Marks case in Duguid v. Facebook, Inc., 2019 WL 2454853 (9th Cir. June 13, 2019). However, since that decision also struck down a part of the TCPA (the so-called “debt collection exemption”) as an unconstitutional restriction on free speech, that opinion is covered in full detail elsewhere in this edition of TCPA Connect.

To read more, our article on Duguid can be found here.

Kloth-Zanard v. Bank of America, No. 3:15-CV-1208 (MPS), 2019 WL 1922070 (D. Conn. Apr. 30, 2019). Following the Second Circuit’s opinion in King v. Time Warner Cable Inc.,U.S. District Judge Michael P. Shea of the District of Connecticut granted summary judgment in favor of the defendants because the plaintiff did not submit any evidence to suggest that the caller used an ATDS—specifically, a device with the capacity to produce numbers using a random or sequential number generator—to call her. Defining “capacity” under the TCPA, Judge Shea, quoting from King, ruled that the term “should be interpreted to refer to a device’s current functions, absent any modifications to the device’s hardware or software” and “include[s] devices whose autodialing features can be activated . . . by the equivalent of the simple flipping of a switch.”

To read the full decision in Kloth-Zanard v. Bank of America, click here.

Hudson v. Ralph Lauren Corp., No. 18 C 4620, 2019 WL 1953106 (N.D. Ill. May 1, 2019). Weighing in on a Rule 12(b)(6) motion in a text message case, U.S. District Judge Sara L. Ellis of the Northern District of Illinois ruled that the plaintiff had sufficiently pleaded the use of an ATDS. Defendants urged Judge Ellis to apply the definition of an ATDS from a prior decision from the same district in Pinkus v. Sirius XM Radio, Inc., 319 F. Supp. 3d 927 (N.D. Ill. 2018), specifically that “an ATDS must have the capacity to generate telephone phone numbers, either randomly or sequentially, and then to dial those numbers.” Along those lines, Judge Ellis held that “to qualify as an ATDS, the defendant need not have deployed the device’s capacity to generate telephone numbers randomly or sequentially as long as the device has the present ability to do so.” Judge Ellis ultimately ruled, however, that the plaintiff had survived dismissal because he had alleged that “Defendants used equipment with the ability to store or produce cellular telephone numbers to be called using a random or sequential number generator and to dial such numbers without human intervention,” as evidenced by “the high volume of text messages, the generic and impersonal nature of the messages, and Defendants’ use of an SMS code.” Though the defendants argued that the plaintiff “need[ed] [to] allege more to demonstrate the device could generate random or sequential numbers after ACA International,” Judge Ellis held that the defendants did “not provide any basis for raising the pleading standard for an ATDS” and that “at the motion to dismiss stage, [the plaintiff] need not include such specific allegations about the type of machine Defendants used, particularly considering that plaintiffs do not typically have access to details of the type of machine used before engaging in discovery.” While Judge Ellis also acknowledged that “[a]fter ACA International, courts have split on the proper definition for an ATDS and whether ACA International invalidated the FCC’s prior 2003 and 2008 interpretations of an ATDS or left those intact,” she did not weigh in on this split.

To read the full decision in Hudson v. Ralph Lauren Corp., click here.

Melvin v. Ocwen Loan Servicing LLC, No. 8:18-CV-1911-T-36SPF, 2019 WL 1980605 (M.D. Fla. May 3, 2019). U.S. District Judge Charlene Edwards Honeywell of the Middle District of Florida denied a Rule 12(b)(6) motion to dismiss under ACA. As a threshold matter, Judge Honeywell noted that while the Eleventh Circuit has not ruled on this issue, district “[c]ourts within this circuit, including this one, have generally adopted the position that ACAvoided and vacated the 2003 and 2008 FCC Orders’ interpretation of the statutory meaning of an ATDS” and that there are “several” cases on appeal on this front. Following two prior district court opinions within the Eleventh Circuit on ACA, Judge Honeywell ruled that the plaintiff had sufficiently alleged the use of an ATDS because he alleged that “Ocwen made over eighty calls, continued those calls after several demands to stop them, [and] he heard silence and a clicking sound once he answered the phones, which may suggest the use of an ATDS.”

To read the full decision in Melvin v. Ocwen Loan Servicing LLC, click here.

Zeidel v. Nat’l Gas & Elec., LLC, No. 18 CV 06792, 2019 WL 2161546 (N.D. Ill. May 17, 2019). Applying ACA and prior decisions from the same district on ACA, U.S. District Judge John Z. Lee of the Northern District of Illinois denied a Rule 12(b)(6) motion to dismiss. Judge Lee ruled that a “device must have the present, as opposed to merely potential, capacity to function as an ATDS . . . , as well as the ability to produce numbers using a random or sequential number generator, as opposed to merely dialing numbers from a stored list.” In this regard, Judge Lee noted that “courts in this district have adopted differing views of the requirements for pleading a TCPA violation,” with some suggesting that “plaintiffs must allege only the use of an ATDS as defined in the statute, without supporting facts” while others have held that “alleging the mere statutory definition of an ATDS without further descriptive details is too conclusory to withstand a motion to dismiss” and requiring “a plaintiff to present additional facts supporting a reasonable inference that the defendant used an ATDS.” Judge Lee ruled that the plaintiff had pleaded sufficient facts to survive dismissal under both standards, noting that “[a]lthough the complaint d[id] recite the TCPA’s definition of an ATDS, it also include[d] further details about the content and nature of the calls, which support a reasonable inference that [the defendant] used an ATDS to make unauthorized calls to [plaintiff and other similarly situated individuals”—specifically, that the plaintiff alleged the defendant made “numerous” unsolicited calls, the generic and promotional nature of the content of the calls, and the use of “spoofed” caller ID numbers. Judge Lee also commented that “the difference between a predictive dialer and an ATDS is not readily apparent to a recipient of an automated call” and, consequently, that “a plaintiff need not provide specific, technical details about the device at issue at the pleading stage.”

To read the full decision in Zeidel v. Nat’l Gas & Elec., LLC, click here. For our more detailed analysis on Zeidel, click here.

Bader v. Navient Solutions, LLC, 18-CV-1367, 2019 WL 2491537 (N.D. Ill. June 14, 2019). Ruling in favor of the defendant on a Rule 12(c) motion for judgment on the pleadings, U.S. District Judge Sharon Johnson Coleman for the Northern District of Illinois held that the plaintiff did not sufficiently allege use of an ATDS under ACA. In particular, Judge Coleman held that the plaintiff did “not put forth any factual allegations that suggest [the defendant] dialed his number using equipment that had the capacity to generate random or sequential numbers” and that simply alleging that the defendant stored and dialed his number, while perhaps sufficient under prior FCC declarative rulings, was no longer sufficient under ACA. In that regard, Judge Coleman held that “ACA International establishes that [a plaintiff] must assert facts that make it plausible [the defendant] used equipment with the capabilities to generate numbers randomly in order to allege the use of an autodialer.”

To read the full decision in Bader v. Navient Solutions, LLC, click here.

Snow v. General Electric Co. et al., No. 5:18-CV-511-FL, 2019 WL 2500407 (E.D.N.C. June 14, 2019). Rejecting the Ninth Circuit’s broad, post-ACA International approach to defining an ATDS from the Marks case and adopting the Third Circuit’s narrower approach in Dominguez, U.S. District Judge Louise W. Flanagan of the Eastern District of North Carolina held that the TCPA “unambiguously incorporates a ‘random or sequential number generator’ into the definition of an ATDS.” As such, Judge Flanagan held that the “plaintiff must allege facts permitting an inference that defendants called her with equipment that has the capacity to store or produce numbers using a random or sequential number generator.” Consequently, Judge Flanagan granted the defendants’ Rule 12(b)(6) motion to dismiss, finding that “[b]ecause plaintiff alleges that the text messages she received were intended for the prior owner or holder of her reassigned [cellular telephone] number, a targeted recipient, and because of the alleged content of the messages, it [wa]s not reasonable to infer that the messages were sent with equipment ‘using a random or sequential number generator’” within the meaning of the TCPA.

To read the full decision in Snow v. General Electric Co., click here.

A Numerical Overview of Post-ACA International Cases

At the time of publication of this edition of TCPA Connect, the overall landscape of post-ACA case law breaks down as follows (changes reflected in bold):

Case Law by FCC Order Validity

  • 12 cases say all FCC orders invalidated
  • 31 cases say only some/part of FCC orders invalidated

Case Law by Circuit

  • 1 case from the 1st Circuit district courts
  • 17 cases from the 2d Circuit district courts and 1 from the 2d Circuit
  • 7 cases from the 3d Circuit district courts and 1 from the 3d Circuit
  • 1 case from the 4th Circuit district courts
  • 0 cases from the 5th Circuit district courts
  • 5 cases from the 6th Circuit district courts
  • 10 cases from the 7th Circuit district courts
  • 2 cases from the 8th Circuit district courts
  • 11 cases from the 9th Circuit district courts and 2 from the 9th Circuit
  • 2 cases from the 10th Circuit district courts
  • 11 cases from the 11th Circuit district courts

Case Law by Appellate Level

  • 4 appellate-level cases (2d, 3d, 9th Circuits)

Case Law by Autodialer Decision

  • 29 cases where autodialer found
  • 25 cases where autodialer not found
  • 11 cases where human intervention was a deciding factor in determining that system was not ATDS

To read all of our previous articles on post-ACA Internationaldevelopments, please click here.

Written by:

Manatt, Phelps & Phillips, LLP
Contact
more
less

Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.