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Troutman Pepper

Arizona Federal District Court Holds MMS’s Are Not Prerecorded Messages Under the TCPA Unless They Play Automatically

Troutman Pepper on

A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #284 – Check Out EFF’s Surveillance Self-Defense Playlist: Getting to Know Your Phone

The Electronic Frontier Foundation (EFF) (www.eff.org) is a wonderful resource for privacy-related issues and concerns. I check its website frequently to make sure I am aware of the latest issues and concerns around privacy....more

Hogan Lovells

Causal link between mobile phones and brain tumour: a new decision revives the debate

Hogan Lovells on

On 13 January 2020 the Turin Court of Appeals dismissed the appeal filed by the National Insurance Provider ("INAIL") and upheld the first instance decision issued by the Court of Ivrea in 2017, which had established...more

Best Best & Krieger LLP

Best In Law: Text with Caution - BB&K Attorneys Damian Moos and Anthony Chavez Warn Why Texting Employees and Customers Could Cost...

As smartphones become more ubiquitous, it’s increasingly common for businesses to communicate with employees or customers via text messages. However, using such messages as a means to communicate may expose the business to...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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #153 – SIM Card Swap Scams

I am speaking at a conference in one of my favorite cities (okay, it’s Chicago) and I was having dinner at the bar when the patron next to me asked me what I do for a living. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #130 – Smartphones Targeted by Dark Caracal Attack

There is a global malware campaign that is targeting mobile devices across the world. It is called Dark Caracal, which is believed to be sourced in Beirut by the Lebanese General Security Directorate. ...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #103 – Smartphone Replacement Parts Subject to Hacking

You drop your smartphone and now there are a million cracks and you can hardly read your texts. Getting the screen replaced by the manufacturer of the phone is usually expensive and sometimes it is so expensive that it makes...more

Robinson+Cole Data Privacy + Security Insider

Privacy TIp #86 - Android Users Vulnerable to Malware through Apps

University of Michigan researchers have discovered that hundreds of applications in Google Play turn Android phones into a server that allow the user to connect the phone directly to a PC and leave open insecure ports...more

Carlton Fields

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

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The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Robinson+Cole Data Privacy + Security Insider

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

Robinson+Cole Data Privacy + Security Insider

International Cellular Roaming – Am I Secure?

Many firms have strict international travel policies in relation to the use of technology. These policies tend to be more skewed towards countries with greater state control over communications networks and specifically the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #31 – Landlines still a safe way to communicate but telephone companies want to drop them

I am pretty up to date on data privacy and security and technology, but the 60 Minutes episode this past Sunday night floored even me. If you didn’t see it, it is worth streaming. Basically, 60 Minutes showed Karsten...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

Burr & Forman

Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

Burr & Forman on

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more

Franczek P.C.

School Leaders: Are Your Automatic Phone Messages and Texts Breaking The Law?

Franczek P.C. on

In the past few months, we’ve had a flurry of requests from schools about the legality of automated calls and text messages they are making to cell phones. The Telecommunications Consumer Protection Act (TCPA) governs the...more

Carlton Fields

Telecommunications Giant Hit With TCPA Treble Damages Award For Calls to Reassigned Cell Number

Carlton Fields on

The Telephone Consumer Protection Act (TCPA) prohibits non-emergency calls to cell phone numbers using automatic telephone dialing systems (ATDS) or prerecorded voice messages absent the called party’s prior express consent....more

Ballard Spahr LLP

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

Ballard Spahr LLP on

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

Robinson+Cole Data Privacy + Security Insider

Lyft and First National Bank notified of TCPA violations by FCC

Late last week, Lyft and First National Bank (FNB) were notified by the Federal Communications Commission (FCC) that they had violated the Telephone Consumer Protection Act (TCPA) when they required users to opt in to...more

Buchalter

Avoiding the Costly “Robo No-No”

Buchalter on

The Telephone Consumer Protection Act (“TCPA”) was enacted to protect consumers from intrusive robocalls, but Congress probably did not foresee that it would result in a windfall for plaintiff’s lawyers. Virtually every...more

BakerHostetler

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

BakerHostetler on

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

Burr & Forman

Framing the Issues on Appeal in DC Circuit’s Review of the FCC’s Aggressive TCPA Order

Burr & Forman on

The Federal Communications Commission (FCC) disappointed many with its July 1, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (“TCPA”). The TCPA prohibits, amongst other things, using an automated...more

Ballard Spahr LLP

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

Ballard Spahr LLP on

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

Robinson+Cole Data Privacy + Security Insider

Android smartphones Stagefright engine vulnerable

It is being reported that 95% of all Android smartphones are vulnerable to being hacked with a text message, which is being called the “heartbleed for mobile.” According to security experts, the vulnerability exploits the...more

Robinson+Cole Data Privacy + Security Insider

Northern District of California Requires A Warrant to Access Cellphone Geographic Information

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more

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