News & Analysis as of

Text Messages Telephone Consumer Protection Act Mobile Apps

Troutman Amin LLP

FLIP OUT: New Complaint Against Humans, Inc. Demonstrates the Risk to App Publishers that Push SMS To Contact Lists

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We are always on the lookout for the latest trends in TCPA litigation here at TCPAWorld.com. Obviously the biggest trend right now is a massive increase in TCPA class actions– up over 100% year over year....more

Troutman Pepper Locke

Ninth Circuit Affirms Dismissal of TCPA Case Involving Text Messages Holding “Prerecorded Voice Messages” Require Audible...

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On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more

BakerHostetler

AD-ttorneys@law - August 2022

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Will Coppertone Get Burned for Its Labels? Consumer class action alleges sunscreens are all the same - It’s Not Much, But It’s Something - Through the years, Coppertone - the sun protection products brand owned...more

Robinson+Cole Data Privacy + Security Insider

Medical Marijuana Delivery App Agrees to Settle TCPA Case for $1.75M

The “Uber of weed” app developed by Eaze Solutions, Inc. (Eaze) provides information to users about the delivery of recreational and medical marijuana throughout California....more

Goodwin

Northern District of California Kicks TCPA Case Challenging Confirmatory Text Messages

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On December 13, 2018, the Northern District of California granted summary judgment to a Telephone Consumer Protection Act (TCPA) defendant in a case involving confirmatory text messages. In Phan v. Agoda Company, No....more

Womble Bond Dickinson

High Hopes: Plaintiffs’ Lawyers Set Their Sights on Cannabis Industry in Two New TCPA Class Actions

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The cannabis industry seems to be attracting a lot attention these days. Eaze Solutions, Inc. – the so-called “Uber of Weed” – was hit with a second class action today alleging it sent unsolicited text messages advertising...more

Carlton Fields

Careful What You Wish For – Additional Discovery Requested By TCPA Class Plaintiff Leads To Decertification Order In Northern...

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Federal courts have a continuing obligation to ensure that class action certification remains appropriate throughout the duration of a case. Accordingly, it is well established that if class certification is later deemed...more

Womble Bond Dickinson

FCC Closes Loopholes and Expands Telephone Consumer Protection Act “TCPA” Consumer Protections in Declaratory Ruling and Order

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On July 10, 2015, the Federal Communications Commission (“FCC” or “Commission”) released a Telephone Consumer Protection Act (“TCPA”) Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Order”) offering...more

Robinson+Cole Data Privacy + Security Insider

Gather App Hit with TCPA Class Action Suit

Gather, a free app designed to allow users to create event invitations and send them to their contacts has been hit with a proposed TCPA class action suit. The named plaintiff alleges that Gather tricks users into giving...more

Orrick, Herrington & Sutcliffe LLP

Everalbum's User Referral Program Compliant Under TCPA

Photo sharing and storage app Everalbum, and other social media apps that send SMS invitations to a user’s contacts to download the app only at the user’s direction comply with all applicable laws, according to the courts and...more

Morrison & Foerster LLP - Social Media

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent decision out of the Northern District of California brings good news for developers of mobile apps that incorporate text messaging functions. Those functions may create the risk of claims under the Telephone Consumer...more

Morrison & Foerster LLP - Class Dismissed

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...more

Baker Donelson

Five Steps to Boosting TCPA Compliance

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The Telephone Consumer Protection Act (TCPA) continues to be a tool utilized by the plaintiffs' bar for class action litigation. But the Act is also being wielded in run-of-the-mill bankruptcy adversary proceedings as...more

Seyfarth Shaw LLP

“Human Intervention” Defense To TCPA Gains Traction

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On August 26, 2015, we wrote about a decision out of the Northern District of California, Luna v. Shac, LLC, Case No. 5:14-cv-00607-HRL, 2015 WL 4941781 (N.D. Cal. Aug. 19, 2015), in which the defendant prevailed in defeating...more

BakerHostetler

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

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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

Cooley LLP

Alert: The FCC's Telephone Consumer Protection Act Order

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On July 10, 2015, the Federal Communications Commission (FCC or Commission) released an order that purports to respond to numerous different petitions asking the agency for clarification regarding the federal Telephone...more

Fenwick & West LLP

Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to...

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FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated...more

Seyfarth Shaw LLP

The Positives and Negatives of the FCC’s Recent Omnibus Order on the TCPA

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On Friday, July 10, 2015, the Federal Communications Commission (FCC) issued an omnibus, Declaratory Ruling and Order (FCC Ruling) seeking to clarify certain ambiguities in the Telephone Consumer Protection Act (TCPA). The...more

Latham & Watkins LLP

FCC Issues Controversial TCPA Declaratory Ruling

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New guidance expands the restrictions on business-to-customer communications under the Telephone Consumer Protection Act (TCPA). On July 10, 2015, the Federal Communications Commission (FCC) released a Declaratory Ruling...more

Robins Kaplan LLP

8 Best Practices to Help You Manage Risks Associated With Mobile “Big Data”

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The more than six billion mobile devices in use worldwide offer companies access to a possible treasure trove of customer information in almost every consumer segment. These devices now create a constant stream of data—from...more

Fenwick & West LLP

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

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On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more

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