Legal Alert | Wiretap Laws in the United States
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Editor's Note: In a significant study from MIT's CSAIL, researchers have unveiled vulnerabilities in smartphone ambient light sensors, highlighting them as potential channels for privacy breaches. This discovery underscores...more
The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more
A new FCC rule will require comparison shopping websites and lead generators to obtain consumer consent to receive robocalls and robotext messages one seller at a time....more
On December 13, by a vote of 4-1, the Federal Communications Commission (FCC) adopted new rules aimed at “closing the ‘lead generator’ robocall/robotexts loophole.” Specifically, the rule requires telemarketers to obtain...more
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
This Alert at a Glance - The D.C. Circuit's opinion is a generally positive development for businesses as it rejects two of the most concerning aspects of the 2015 Federal Communication Commission's (FCC) Order—the broad...more
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
• 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
Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more
The Personal Data Protection Commission (the “Commission’) was established in January 2013 to implement and enforce The Personal Data Protection Act 2012 (“PDPA”). The PDPA fully came into force on 2 July 2014. So far, the...more
A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more
What constitutes valid consent under the Telephone Consumer Protection Act? A hot issue in TCPA litigation is the scope of consent necessary to place automated calls to consumers where the consumer has provided a cell phone...more
We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more
Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more
One of the hot issues in pending litigation under the Telephone Consumer Protection Act (TCPA) is whether a consumer can revoke consent to receive calls on a cell phone. A number of courts have recently held that a consumer...more
On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more
The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more
Express consent to be called using an autodialer can be revoked at any time, says the U.S. Court of Appeals for the Third Circuit. On August 22, 2013, in Gager v. Dell Financial Services, LLC, the Court attacked a common...more
The Telephone Consumer Protection Act (TCPA) permits a consumer to revoke consent given for autodialed or prerecorded calls to the consumer's cellular telephone number and does not limit the timing of revocation, the U.S....more
Plaintiffs frequently sue businesses in class actions for violation of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The TCPA generally prohibits calls and text messages to cell phones using...more
On May 8, 2013 Florida Judge Robert Scola, Jr. rejected the Federal Communications Commission longstanding definition of express consent. In Mais v. Gulf Coast Collection Bureau, plaintiff Mark Mais went to the emergency room...more