FCC, Class Action, Advertising

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

Manatt, Phelps & Phillips, LLP on 12/27/2023

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the...more

AD-ttorneys@law - August 2023 #2

BakerHostetler on 8/25/2023

“Blessing Loom” Scheme Unravels in FTC Settlement - Esoteric trappings can’t save pyramid-scheme-by-another-name - Neolawgism - By certain ironclad laws of demography, we aren’t allowed to add terms to the...more

Privacy & Cybersecurity Update - January 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 2/1/2023

In this month’s Privacy & Cybersecurity Update, we analyze recent fines against Meta and their impact on the future of behavioral advertising, the timeline for the California Privacy Rights Act’s regulations to become...more

AD-ttorneys@law - August 2022 #2

BakerHostetler on 8/16/2022

FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

AD-ttorneys@law - June 2022 #2

BakerHostetler on 6/17/2022

No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more

AD-ttorneys@law – May 2021 #2

BakerHostetler on 5/12/2021

BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more

Client Alert: The Future of Text Message Marketing

Neal, Gerber & Eisenberg LLP on 12/4/2019

As Americans increasingly rely on text messages to communicate on a daily basis, marketers have taken note, and text advertising and marketing is increasingly common. Indeed, text messages have a read rate of about 98%, and...more

AD-ttorneys@law

BakerHostetler on 3/8/2019

ERSP Asks Investing Daily to Tone It Down - Programs asks what a typical investor’s experience is likely to yield - Hard Sell? Investing Daily is a website that promotes a handful of splashily titled publications...more

AD-ttorneys@law

BakerHostetler on 2/11/2019

Adhesive Company Hopes Made-in-USA Ruling Won’t Stick - J-B Weld to seek appeal of NAD’s discontinuation recommendation - Guilt Trip - If you’ve ever used glue from your desk drawer to fix a broken bowl or Hummel...more

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

Womble Bond Dickinson on 11/14/2018

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

A Primary Jurisdiction Nightcap: Primary Jurisdiction Also Applies to Fact-Specific Statutory Interpretation

Womble Bond Dickinson on 9/7/2018

As you all know, the primary jurisdiction doctrine and its importance as a defendant’s potentially crucial companion on a journey through TCPAland has been covered here before, but that importance was again on full display in...more

Who’s calling? Standards for third-party liability under the TCPA

Eversheds Sutherland (US) LLP on 8/14/2018

Companies that market products through third-party agents or distributors face a particular risk under the Telephone Consumer Protection Act (TCPA) when their agents call, text or fax consumers without obtaining the necessary...more

AD-ttorneys@law

BakerHostetler on 7/24/2018

In This Issue: - Dyson Appeals NAD Air Purity Rebuke - Court to Kanye Plaintiff: Imma Let You Finish - Are All Bets Off on Free-to-Play? - Instagram Celeb Alleges Link Theft! - Third Circuit Weighs In on Autodialer...more

Reality Wins: Sixth Circuit Affirms Companies Must Send Fax to Be “Sender” under TCPA

Bradley Arant Boult Cummings LLP on 7/5/2018

To be liable for a junk fax Telephone Consumer Protection Act (TCPA) violation, does a company have to actually send a fax? The plain language of the TCPA says yes: “It shall be unlawful for any person… to use any telephone...more

A Bridge to Somewhere: Primary Jurisdiction Doctrine Applicable in TCPA Fax Cases and ATDS Suits Alike

Womble Bond Dickinson on 6/12/2018

The primary jurisdiction doctrine Eric wrote about a mere few weeks ago was on full display in a recent ruling granting a motion to stay in a junk-fax TCPA class action. In Scoma Chiropractic, P.A., et al v. Dental...more

Alternative fax? FCC and TCPA defendants urge Supreme Court to reject review of lower court’s junk fax ruling

Eversheds Sutherland (US) LLP on 1/29/2018

Oppositions to a petition for certiorari were recently filed with the United States Supreme Court urging the Court to reject a proposed appeal filed by serial Telephone Consumer Protection Act (TCPA) plaintiffs seeking review...more

AD-ttorneys@law

BakerHostetler on 1/5/2018

A basic tactic of shady internet advertisers relies on blurring the lines between “real” content and advertisements. Enough users are duped in this fashion to make the practice commonplace (and lucrative). Ad producers blend...more

AD-ttorneys@law

BakerHostetler on 8/30/2017

SharkNinja, manufacturer of the Shark Rotator Powered Lift-Away vacuum, made some strong claims regarding the popularity of its product. In television ads and online, the company boasted that “America preferred … Shark” and...more

TCPA Connect - August 2017

Manatt, Phelps & Phillips, LLP on 8/28/2017

Lacking List of Recipients, Sixth Circuit Denies Class Certification - Finding that the question of consent in a Telephone Consumer Protection Act (TCPA) class action requires an individualized inquiry and without a list...more

TCPA Tracker-May 2017

Kelley Drye & Warren LLP on 5/11/2017

Recent News - Class Action Plaintiffs Seek En Banc Review of D.C. Circuit Fax Advertisement Decision - On April 28, 2017, the class action plaintiff petitioners in Bais Yaakov of Spring Valley et.al. v. FCC (No....more

TCPA Connect - April 2017

Manatt, Phelps & Phillips, LLP on 4/19/2017

FCC Combats Spoofed Robocalls - As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a...more

Just the Fax: DC Circuit Rejects FCC Requirement of Opt-Out Language on Solicited Faxes Under the TCPA

Eversheds Sutherland (US) LLP on 4/5/2017

In a March 31, 2017 ruling, the US Court of Appeals for the DC Circuit invalidated a 2006 Federal Communications Commission (FCC) rule requiring businesses to include opt-out notices on solicited fax advertisements sent with...more

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

Manatt, Phelps & Phillips, LLP on 4/4/2017

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

TCPA Connect - December 2016

Manatt, Phelps & Phillips, LLP on 12/21/2016

Defendant’s Attempt to Moot TCPA Suit Fails (Again) - A Telephone Consumer Protection Act defendant was unsuccessful in persuading a Massachusetts federal court judge to dismiss a putative class action under the statute...more

Everything You Need to Know About Texting Your Listeners

Womble Bond Dickinson on 9/12/2016

Elaine Bonin of Franklin, Wisconsin received several sports scores via text courtesy of CBS Radio but did not recall signing up. Like any good citizen, recognizing that under the Telephone Consumer Protection Act she might...more

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