News & Analysis as of

Cell Phones Appeals

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Genova Burns LLC

NJ Appellate Division Rules Former Employee’s Cell Phone Records & Private Social Media are Not So Private Afterall

Genova Burns LLC on

On March 16, 2023, in a published decision in Norma Davis v. Disability Rights New Jersey, the New Jersey Appellate Division ruled that a former employee’s private social media accounts and personal cell phone records are...more

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more

Smith Gambrell Russell

Use of Signal Jammer to Prevent Employees from Using their Phones at Work Results in FCC Fine

Smith Gambrell Russell on

While the National Labor Relations Board (“NLRB”) previously upheld an employer policy that prohibited employee phone use at work for safety and security reasons, the Federal Communications Commission (“FCC”) recently upheld...more

Faegre Drinker Biddle & Reath LLP

A Divided Eleventh Circuit Holds that Incentive Awards are Prohibited

In a decision that may have far-reaching consequences, a divided panel of the Eleventh Circuit ruled that incentive awards to named plaintiffs—which are routine in TCPA and other class action settlements—are improper. See...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Mintz - Intellectual Property Viewpoints

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its...

In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

Haug Partners LLP on

On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Trade Commission v. Qualcomm Ins. (9th Cir. 2020)

Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations - The Federal Trade Commission has a history of taking positions and aggressively...more

McGlinchey Stafford

Florida Real Property & Business Litigation Report, Volume 13, Issue 28

McGlinchey Stafford on

Barr v. American Association of Political Consultants, Inc., Case No. 19–631 (2020). The federal government cannot exempt itself from the anti-robocall provisions of the Telephone Consumer Protection Act of 1991, 47 U. S. C....more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more

Dorsey & Whitney LLP

TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts

Dorsey & Whitney LLP on

If you follow daily TCPA news like we do, your head is probably spinning from this week’s developments. We normally digest TCPA developments for our readers in a monthly e-newsletter....more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Court of Appeals’ TCPA Ruling Is a Mixed Bag

On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

McAfee & Taft

Seventh Circuit case demonstrates value of good time reporting procedures

McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Fisher Phillips

Web Exclusive: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses In Part and Affirms In Part In Appeal From Convictions Under Sarbanes-Oxley and Accessory-After-The-Fact...

On February 23, 2017, the Second Circuit (Chief Judge Katzmann, Judge Winter, and District Judge Sidney Stein, by designation) issued a per curiam decision in United States v. Natal, et al., that led to a partial reversal and...more

Knobbe Martens

The Apple May Not Fall Far from the Fashion Industry

Knobbe Martens on

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

King & Spalding

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

King & Spalding on

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

Burr & Forman

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

Burr & Forman on

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

Carlton Fields

6th Circuit Rules Prior Express Consent Defeats Mortgagor TCPA Claim Against Lender

Carlton Fields on

On August 21, the Cincinnati-based United States Court of Appeal for the Sixth Circuit issued its ruling in Hill v. Homeward Residential, Inc., 2015 WL 4978464 (6th Cir. August 21, 2015), and affirmed a jury verdict...more

40 Results
 / 
View per page
Page: of 2

"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.
- hide
- hide