News & Analysis as of

Telephone Consumer Protection Act Privacy Concerns

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Littler

Ninth Circuit Holds TCPA Prohibits Pre-Recorded Recruiting Calls to Cell Phones Without Prior Express Consent

Littler on

Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial.  In Loyhayem, the court found that...more

Womble Bond Dickinson

You Can’t Be Serious: TCPA Data Transfer to Defense Expert Lands DirectTV in Unshakable Privacy Class Action

Womble Bond Dickinson on

Data privacy and protection concerns permeate TCPA class actions as consumer lawyers have become increasingly bold about demanding huge sets of private financial records and data from defendants. These demands risk the...more

Womble Bond Dickinson

States Demand Real Robocall Relief—Not Broader TCPA: 35 State Attorneys General Request the FCC to Implement New Rules to Combat...

Womble Bond Dickinson on

The myth that private enforcement via the TCPA is stopping the problem is finally starting to unravel as state governing bodies turn to the FCC for real answers on the robocall epidemic. Yesterday, a bipartisan coalition...more

Womble Bond Dickinson

The FCC is Set to Consider the Definition of “Called Party” and the Fate of the TCPA Hangs in the Balance

Womble Bond Dickinson on

As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...more

Dorsey & Whitney LLP

TCPA Survives Strict Scrutiny—Again. Here’s Why It Shouldn’t

Dorsey & Whitney LLP on

Strict scrutiny just isn’t what it used to be. For the third time, a district court has applied strict scrutiny in analyzing the Telephone Consumer Protection Act (“TCPA”) and found that the statute restricts no more speech...more

Ballard Spahr LLP

PLI 22nd Annual Consumer Financial Services Institute – 25 Percent Discount Available

Ballard Spahr LLP on

We are pleased to invite you to the 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, March 27-28, 2017, in New York City (and by live webcast and groupcast in Atlanta and...more

WilmerHale

Navigating Privacy 'Must Haves' and 'Should Haves' in the Mobile App Environment

WilmerHale on

On November 30, WilmerHale addressed key privacy issues in the mobile app environment as part of the firm's Cybersecurity, Privacy and Communications Practice Webinar Series. We discussed how to navigate the quickly...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

California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC...

Carlton Fields on

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,...more

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