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Supreme Court Addresses Privacy Rights in Employee Communications in City of...
Yesterday, the Supreme Court handed down its much anticipated opinion in City of Ontario, California v. Quon, No. 08-1332 (June 17, 2010). The opinion, however, provides little guidance as to whether...
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Confirmatory Opt-Out Text Messages Do Not Violate the TCPA
On November 29, 2012, the Federal Communications Commission issued an important Declaratory Ruling concerning the legality of sending a text message to confirm a user’s request to opt-out of receiving...
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Heightened SMS Consent Requirements Take Effect October 16, 2013
Texting on a qwerty keypad phone (Photo credit: Wikipedia) Only two months remain before the Federal Communications Commission’s updated consent requirements for marketing-related text messages take...
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That Works: One Recruitment SMS Blast Yields $6.5 Million Settlement
Documents filed this week in the U.S. District Court for the Southern District of Florida reveal that a Florida mall developer and its mobile marketing service provider have agreed to pay $6,500,000 to...
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SMS Marketer Settles FTC Charges He Sent Deceptive, Unwanted Messages
The Federal Trade Commission has secured a stipulated judgment against a marketer who allegedly sent millions of deceptive text messages. The enforcement action is notable for the FTC’s suggestion that...
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FCC Eases Rules for Sending Text Messages; More Text Message Friendly Rulings...
On March 25, 2014 FCC Commissioner Michael O’Rielly published the following post on the Official FCC Blog: TCPA: It is Time to Provide Clarity. Commissioner O’Rielly stressed the need for the FCC to...
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Papa John’s and AIG Affiliates Settle Dispute Over Insurance Coverage for...
Earlier this week, Papa John’s dropped its appeal of a lower court decision finding that AIG Affiliates, National Union Fire Insurance Co. and American Home Insurance Co., did not have a duty to defend...
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Does Your Company Make Calls or Send Texts on Behalf of Others? Some TCPA...
Companies who call customers or send text messages to customers are abundantly aware of the potential risk under the Telephone Consumer Protection Act (“TCPA”). Increasingly, lawsuits are being filed...
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Can Prejudgment Offers Moot TCPA Actions? The Supreme Court Will Finally...
In class actions under the Telephone Consumer Protection Act (“TCPA”), if defendant offers the named plaintiff complete relief for his TCPA claim, does such an offer moot plaintiff’s case? The Supreme...
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Texting and Dialing Risks and Opportunities Evolve Under New FCC TCPA Order
Class-action risk increases for most companies under the Telephone Consumer Protection Act (“TCPA”) following the July 10, 2015 release of the omnibus Declaratory Ruling and Order (“Order”) by the...
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Shots Fired: FCC’s TCPA Order is “Arbitrary, Capricious, and an Abuse of...
Before the proverbial ink had even dried on the FCC’s TCPA Omnibus Order, one party is already challenging its legality. ACA International filed a Petition for Review on the day of the Order’s release,...
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Supreme Court Rules Settlement Offers Can’t Moot Claims
The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved...
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