News & Analysis as of

Settlement Prior Express Consent

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

Hinch Newman LLP on

On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

Carlton Fields

Ninth Circuit Finds Excess Carrier Owes Nothing to Insured Who Failed to Obtain Prior Written Consent to Settlement

Carlton Fields on

In Vizio Inc. v. Arch Insurance Co., a case stemming from a class action settlement, the Ninth Circuit Court of Appeals clarified several areas of California law involving the interaction of primary and excess insurance...more

Venable LLP

FTC Settlements with Lead Generators Offer Roadmap for Consumer Consent and Telemarketing Pitfalls to Avoid

Venable LLP on

Marketers and lead generators have new guidance in the form of enforcement orders on what the Federal Trade Commission (FTC) appears to consider required practice when obtaining consumer consent prior to the sale, transfer,...more

Eversheds Sutherland (US) LLP

TCPA industry focus - Energy and utility industry

Over the last three years alone, energy, utility and solar companies have been targeted in numerous putative class actions alleging violations of the TCPA that resulted in several multimillion-dollar settlements totaling more...more

Carlton Fields

Financial Services Update: Week Ending November 1, 2019

Carlton Fields on

Financial Services Update - FCCPA and FDCPA: The plaintiff did not demonstrate a genuine issue of material fact that medical providers and their attorney violated the FCCPA and FDCPA by conditioning medical services on a...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

ArentFox Schiff on

Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Womble Bond Dickinson

TCPA Lawyers Cashing In: Court Approves Massive $20.4MM Fee Award in Favor of Class Counsel in TCPA Case Against Dish Networks

Womble Bond Dickinson on

While the saga in Krakauer v. Dish Network, LLC may be far from over, the Plaintiff’s attorneys in that case certainly have something to smile about. Twenty million somethings. In Krakauer v. Dish Network, Case No....more

Burns & Levinson LLP

Call Me, Maybe

Burns & Levinson LLP on

$4.8 million. That is an impressive class-action settlement number, particularly when you consider that the automated calls and texts triggering the litigation and settlement arose from a single auto dealership. The auto...more

Womble Bond Dickinson

$375.00 a Class Member to Settle? Court Approves Whopper of a TCPA Settlement Against Allstate Insurance Company over Junk Faxes

Womble Bond Dickinson on

It has been a while since TCPAland has seen a settlement in the three digit range per class member. But this week brought us such a settlement by way of the final approval order entered in Etter v. Allstate Insurance...more

Dorsey & Whitney LLP

Vizio Settles for $17 Million Claims That it Collected and Distributed Consumers’ Viewing Histories on Smart TV Device Without...

Dorsey & Whitney LLP on

On October 4, 2018, Internet of Things (“IoT”) device manufacturer Vizio Inc. agreed to settle (subject to court approval) a consolidated class action lawsuit alleging that the smart TV maker collected and sold customers’...more

Womble Bond Dickinson

No Get Out of Jail Free Card: Court Grants Final Approval to $8.8MM TCPA Class of Failed Inmate Notification Calls

Womble Bond Dickinson on

When you’re arrested you may be entitled to one phone call but who has to pay for it? Maybe the company connecting the call by way of a TCPA suit. We’ve seen a lot of TCPA class action settlements over the years, but the...more

Patrick Malone & Associates P.C. | DC Injury...

Hospitals slammed for ventures that exploit patients and violate their privacy

Big hospitals can’t exploit patients and violate their privacy by throwing open their facilities to Hollywood for television shows that plump institutions’ reputations. And academic medical centers need to think twice before...more

Brownstein Hyatt Farber Schreck

Key Takeaways from FTC Settlement with Lenovo Over Pre-Installed “Man-in-the-Middle” Software

On September 5, 2017, the Federal Trade Commission (“FTC”) announced that it had agreed to enter into a settlement with Lenovo Inc., which allegedly preloaded some of its computers with invasive software that compromised...more

Robinson+Cole Data Privacy + Security Insider

A&B Insurance Settles TCPA Class Action for $4.25 Million

Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more

Robinson+Cole Data Privacy + Security Insider

Central Payment Co. Settles TCPA Class Action for $6.5 Million

Last week, Georgia federal judge, U.S. District Judge Clay D. Land, approved the final order and judgment to settle class action claims that Central Payment Co. LLC (Central Payment) violated the Telephone Consumer Protection...more

Ruder Ware

Autodialing and Pre-Recorded Messages: the TCPA’s Trap for Unwary Lenders and Debt Collectors

Ruder Ware on

In February 2015, a federal judge approved a $75 million Telephone Consumer Protection Act (“TCPA”) class settlement involving Capital One and three debt collectors.[1] The plaintiffs (debtors) alleged that Capital One and...more

Robinson+Cole Data Privacy + Security Insider

American Eagle Settles TCPA Class Action for $14.5 Million

American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - February 2016

FCC Confirms Different TCPA Liability Analysis for Text, Fax Broadcasters - Denying a petition filed by Club Texting, Inc., the Federal Communications Commission said it will keep its current liability analysis under the...more

King & Spalding

FTC Continues To Crack Down On App Developers

King & Spalding on

On February 5, 2016, the Federal Trade Commission (“FTC”) announced that it reached a settlement with the San Francisco company General Workings Inc., also doing business as Vulcun, and its founders. The FTC brought a...more

Manatt, Phelps & Phillips, LLP

TCPA Connect - October 2014

9th Circuit Affirms Vicarious Liability–for Anybody–Under TCPA - In a blow to Telephone Consumer Protection Act defendants, the Ninth U.S. Circuit Court of Appeals has ruled that a defendant may be liable for...more

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