News & Analysis as of

Text Messages Privacy Laws

Orrick, Herrington & Sutcliffe LLP

Petition urges FCC to clarify Telephone Consumer Protection Act, curb litigation abuse

On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The...more

Bradley Arant Boult Cummings LLP

FCC’s New Consent Revocation Rule Set to Take Effect in April 2025

The Federal Communications Commission (FCC) has a new rule under the TCPA for revocation of consent for robocalls and text messages set to go into effect on April 11, 2025. This rule is designed to give consumers greater...more

Klein Moynihan Turco LLP

Refer a Friend Promotions? Get Consent!

On February 25, 2025, the United States District Court for the Western District of Washington issued a cautionary decision for all businesses that employ “Refer a Friend” promotions. In Jensen v. Capital One Financial Corp.,...more

Sheppard Mullin Richter & Hampton LLP

FCC’s One-To-One Consent Rule Takes Effect in January

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending...more

Brownstein Hyatt Farber Schreck

FCC Proposes New AI-Generated Robocall Rules

On Aug. 7, the Federal Communications Commission (FCC) voted to propose new rules to require callers to disclose if they are using artificial intelligence (AI) in robocalls and robotexts. If adopted, the new rules would set...more

Rumberger | Kirk

Third DCA on Cell Phone Discovery: Balancing Privacy Rights and Litigation Needs

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Cell phones have now been around for decades.  Along the way, they have grown up, became “smart” and are now indispensable to daily life, offering limitless options to communicate, shop and entertain ourselves.  How prominent...more

WilmerHale

Year in Review: 2023 TCPA Litigation

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. The Telephone Communications Privacy Act (TCPA) has always been a hotbed for privacy litigation, especially given the...more

Ballard Spahr LLP

FCC and FTC Announce new AI Calling and Voice Initiatives

Ballard Spahr LLP on

On November 16th, the Federal Communications Commission (“FCC”) and Federal Trade Commission (“FTC”) announced new independent initiatives regarding the use and implications of AI technologies on consumers in the context of...more

EDRM - Electronic Discovery Reference Model

[Webinar] Texts, Instant Messaging, US Data Privacy Laws Oh My! Best Practices for Protecting Your Org. From Growing Litigation...

Corporate counsel and legal teams face unique and growing data-related challenges in this ever-changing regulatory and threat landscape. The risk of litigation continues to rise as data requirements for privacy and compliance...more

Kelley Drye & Warren LLP

[Webinar] 2023 Privacy Litigation Trends - February 15th, 12:00 pm - 1:00 pm ET

The proliferation of privacy-related law suits filed against a wide range of companies related to website tracking/analytics will continue in 2023, joining robocall and biometric privacy disputes. Join Kelley Drye Privacy...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 24, 2022

North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid - “Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more

Bass, Berry & Sims PLC

Privacy Peril: One Weak Link

Bass, Berry & Sims PLC on

On October 8, Data Breach Today reported that Syniverse, a company that routes calls and text messages for 95% of the world’s top mobile carriers to the tune of 1 trillion (yes, trillion) messages a year, has disclosed it...more

Sheppard Mullin Richter & Hampton LLP

Texting Post-Duguid: Can Consent Practices Change?

Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more

Skadden, Arps, Slate, Meagher & Flom LLP

How Social Media, Technology and Privacy Laws Are Changing the E-Discovery Landscape

Historically focused on manually wading through large volumes of email and electronic documents, e-discovery is transforming in nuanced ways. Discovery of mobile devices, social media and other online applications raises...more

Association of Certified E-Discovery...

Keeping Personal Data Private in Mobile Device Discovery

“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group....more

Best Best & Krieger LLP

Are Private E-mails & Text Messages “Public Records?”

Best Best & Krieger LLP on

Decision Expected Soon from California Supreme Court - Public agencies in California should prepare for the likelihood that communications on officials’ and employees’ private devices related to the agency’s “conduct of...more

Snell & Wilmer

California Updates Privacy Rights with the Electronic Communications Privacy Act

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Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Burr & Forman

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

Burr & Forman on

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

BakerHostetler

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

BakerHostetler on

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

Buchalter

Avoiding the Costly “Robo No-No”

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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

Fisher Phillips

Technology And The Workplace

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How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

Wilson Sonsini Goodrich & Rosati

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and...more

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