Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
Firing of Dental Assistant for Being “Irresistible” Ruled Legal by Iowa Supreme Court
As a car accident lawyer in Colorado, I have witnessed firsthand the devastating consequences of texting and driving. Distracted driving, particularly involving mobile devices, remains a significant threat to road safety in...more
FCC Seeks Comment on Proposed Requirements for Covered Text Providers Under the 988 Suicide & Crisis Lifeline: In this Third Further Notice of Proposed Rulemaking (FNPRM), the Federal Communications Commission (FCC) requests...more
In a significant new decision, a federal court in Florida dismissed a class action in Harrell v. Aquion, Inc., Home Depot U.S.A., Inc., and A&B Marketing, Inc., 2024 WL 4188389 (M.D. Fla. Sept. 13, 2024), holding that a...more
Texting in the course and scope of business communications is almost ubiquitous. If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more
For those regularly monitoring the FCC’s various TCPA dockets, you now have a new docket to follow: CG Docket No. 21-402. The FCC announced on September 27, 2022 that all Commissioners had voted to commence a new robotext...more
On Sept. 27, the Federal Communications Commission (“FCC”) released a Notice of Proposed Rulemaking (NPRM) that details the FCC’s initial proposal to protect consumers from illegal text messages used to defraud consumers. The...more
On July 13, 2021, Governor Andrew M. Cuomo signed legislation that expands New York state's definition of "telemarketing" to include marketing by text messages. Under the legislation, which became effective on August 12,...more
At the Federal Communications Commission (“FCC”) December Open Meeting, commissioners voted to approve a Declaratory Ruling (“Ruling”) that classifies native forms of wireless messaging, short message service (“SMS”) and...more
Georgia has become one of 16 states in the country that bans the use of hand-held devices while driving. Governor Nathan Deal signed “Hands-Free Georgia Act” (House Bill 673) into law on May 2, 2018. The new law takes effect...more
Texting by physicians and other health care providers has long been a hot topic due to the privacy and security considerations involved, although HIPAA and state laws have generally been at the center of this discussion....more
CMS has issued a memorandum clarifying its position on texting and recognizing that the use of texting has become an essential and valuable means of communication between health care team members. The takeaways from the...more
Over the last few years, health care providers have watched with interest as The Joint Commission wrestled with its stance on texting patient information....more
On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more
Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more
After briefly considering a reversal of its prohibition on texting orders, The Joint Commission (TJC), in consultation with the Centers for Medicare & Medicaid Services (CMS), announced last month that its ban would continue...more
We previously reported that the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) lifted its ban on allowing health care providers to use texts for physician orders....more
Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July...more
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
On July 10, 2015, the Federal Communications Commission issued a 138-page Declaratory Ruling and Order approving nearly two dozen proposals to the rules and regulations implementing the Telephone Consumer Protection Act...more
Pin pain. As a primarily visual social media platform whose self-described purpose is to help users bookmark and save “good stuff you find anywhere around the web,” Pinterest has raised copyright infringement questions since...more
A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration. A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into...more
In Thomas v. Taco Bell Corp.,[3] a franchisee association planned a promotion in which text messages were sent to 17,000 people in the Chicago area to promote a local sweepstakes contest. The lower court dismissed the case...more
The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more
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
FWIW, AT&T, Sprint, T-Mobile, Verizon Wireless, and CITA—a wireless trade association—can def breathe a sigh of relief. On May 19, 2014, a federal judge from the Northern District of Illinois granted summary judgment in favor...more