On Demand Insurance is Here But Will it Stay?
The Ever-Expanding Scope of Social Media Discovery
Is the Patent Litigation Boom Coming to an End?
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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