Readers may recall a recent piece in which we discussed the first federal appellate court (“7th Circuit Court”) decision to address whether the Telephone Consumer Protection Act’s (“TCPA”) private right of action applies to the receipt of unwanted text messages. After this ruling, other federal courts were expected to adopt its reasoning, which was exactly […]
No Individual Claims for Receipt of Text Messages Under TCPA Read More »
Our readers know that we have been tracking developments with California Senate Bill 690 (“CIPA Bill”), legislation aimed at curtailing the unintended uptick in California Invasion of Privacy Act private enforcement actions. Mere days before California’s Legislature was scheduled to adjourn, both houses of California’s Legislature passed the CIPA Bill, which now awaits the governor’s
Just Under the Wire – CIPA Bill Passes! Read More »
Readers of this blog know that we often discuss consumer privacy claims surrounding the use of third-party pixel tracking software on consumer-facing websites. In a recent piece, we discussed a pixel tracking case that was dismissed for lack of standing. Following similar reasoning, a California federal court dismissed pixel tracking claims in a freshly issued
Another Favorable Pixel Tracking Decision! Read More »
As our readers know, having a Do Not Call (“DNC”) policy in place can mitigate against potentially significant Telephone Consumer Protection Act (“TCPA”) liability. Not only is a DNC policy recommended, but it is required under the TCPA’s implementing regulations. In this piece, we discuss what is and is not required under the TCPA and
The Best Policy Is A DNC Policy Read More »
Since the United States Supreme Court’s watershed ruling, readers of this blog know that the Telephone Consumer Protection Act (“TCPA”) legal landscape has been rapidly evolving. In a recent development, a New York federal court dismissed TCPA claims, including claims that text message solicitations from the defendants violated the TCPA’s caller identification (“Caller ID”) requirements.
No Caller ID? Court Says No Problem in Recent TCPA Decision Read More »
As our readers know, we often discuss the use of third-party pixel tracking software on consumer-facing websites, and the various claims the plaintiffs’ bar has advanced – namely, that the use of third-party pixel tracking software on websites violates federal and state privacy laws. In a recent decision, a Florida federal judge denied class certification
Critical Element Missing From Pixel Tracking Lawsuit Read More »
In a recent piece, we discussed a decision by the first federal appellate court to rule that there is no private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages (“SMS Message”). While this decision certainly was a win for the marketing industry, it should be noted that
So, I Can Send SMS Messages and Avoid TCPA Liability? – Not So Fast My Friend! Read More »
As our readers may recall, we have been tracking a pending appeal centered on the question of whether or not there is a private right of action under the Telephone Consumer Protection Act (“TCPA”) for the receipt of text messages. Recently, the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) answered this
7th Circuit: Unsolicited Texts, The TCPA, and No Private Right Action! Read More »