February 2016

Voiceshot Found to be Common Carrier Immune from TCPA Liability

February 26, 2016 On February 22, 2016, the United States District Court for the Northern District of Illinois granted summary judgment to Voiceshot LLC (“Voiceshot”), dismissing a Telephone Consumer Protection Act (“TCPA”) class action lawsuit filed against it. The Court concluded that Voiceshot, a company that offers web-based communication services that subscribers may access and

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Is a Carve Out to the TCPA in the Works?

February 25, 2016 In the fall of 2015, Congress quietly slipped a provision into a budget bill that directed the Federal Communications Commission (“FCC”) to adopt implementing regulations for a proposed exemption to the Telephone Consumer Protection Act (“TCPA”). Last week, a draft rule was circulated to the full FCC which aims to protect certain

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Telemarketing Payment Processor Settles FTC Lawsuit for $750K

February 24, 2016 Earlier this month, payment processor Capital Payments, LLC n/k/a Bluefin Payment Systems LLC (“Bluefin”) agreed to pay $750,000 to settle a Federal Trade Commission (“Commission” or “FTC”) lawsuit involving alleged violations of the FTC’s Telemarketing Sales Rule. How do telemarketing regulations affect payment processors and ISOs?

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Mobile App Geolocation Tracking and Location-Based Services

February 11, 2016 Mobile App Operators Need to Obtain Consent and Ensure Proper Protections Are In Place One of the most useful features of mobile applications (or “mobile apps”), from both a consumer and mobile app operator standpoint, is the fact that mobile apps are, as the name implies, mobile. That is, the mobile apps

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Class Certification Sought in TCPA Lawsuit Against Bebe

February 10, 2016 Last week, the named plaintiff in a Telephone Consumer Protection Act (“TCPA”) class action lawsuit against Bebe Stores, Inc. (“Bebe”) filed a motion for class certification. The Plaintiff has sought to certify a nationwide class consisting of all people who provided their cell phone numbers to Bebe at one of Bebe’s brick-and-mortar

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