April 9, 2018 In early March, the Federal Communications Commission (“FCC”) issued a notice indicating that it is proposing to address the issue of Telephone Consumer Protection Act (“TCPA”) liability for dialing reassigned numbers, and seeks comment about how to go about same. What are the FCC’s proposed solutions and how might they impact […]
FCC Issues Notice of Proposed TCPA Rulemaking on Reassigned Numbers Read More »
April 6, 2018 Earlier this year, a federal district court in the State of Illinois certified a class action sweepstakes lawsuit in which an Illinois consumer alleged that HMI Industries, Inc., TD Bank, and A-1 Allergy Relief, Inc. violated the Illinois Prizes and Gifts Act, 815 ILCS 525/1, et seq. (“Prizes and Gifts Act”), Illinois
Prizes and Gifts Act Sweepstakes Lawsuit Read More »
The New Jersey Consumer Fraud Act (“CFA”) protects consumers against unconscionable and fraudulent practices in the marketplace. Originally enacted in 1960 to allow for the Attorney General to enforce its provisions, it was amended in 1971 to allow for a private right of action, treble damages, costs and attorneys’ fees. http://www.njconsumeraffairs.gov/Statutes/Consumer-Fraud-Act.pdf. While the CFA is
March 30, 2018 Last week, a federal district court in the Commonwealth of Massachusetts denied a motion to dismiss based on personal jurisdiction in a website accessibility lawsuit brought under Title III of the Americans with Disabilities Act (“ADA”). This website ADA lawsuit was filed by Massachusetts resident, Stephen Théberge (“Théberge”), who is legally blind,
Website ADA Lawsuits and Personal Jurisdiction Read More »
March 28, 2018 The reasonableness of consent revocation was one of four issues addressed in the recent decision on appeal of the Federal Communications Commission’s (“FCC”) Telephone Consumer Protection Act (“TCPA”) 2015 Order by the United States Court of Appeals for the D.C. Circuit. How did the D.C. Circuit rule on the revocation of consent
Revocation of Consent after the DC Circuit’s TCPA Ruling Read More »
In almost every instance, the End User License Agreement (“EULA”) associated with a mobile application (or “app”) is the primary legal document memorializing the terms and conditions that will govern the relationship between End Users and the subject mobile app provider. Given this unique role, End User License Agreements are absolutely vital in terms of
Mobile App End User License Agreements Are Essential Read More »
February 20, 2018 Late last week, the United States Court of Appeals for the D.C. Circuit issued its long-awaited decision on the challenge to the Federal Communications Commission’s (“FCC”) 2015 Order interpreting the Telephone Consumer Protect Act (“TCPA”). While the D.C. Circuit touched upon various aspects of the FCC’s 2015 Order, it was particularly pointed
D.C. Circuit Vacates FCC’s Autodialer Definition Interpretation Read More »
March 9, 2018 On March 5, 2018, a motion to dismiss a fax class action lawsuit brought under the Telephone Consumer Protection Act (“TCPA”), as amended by the Junk Fax Prevention Act, in the United States District Court for the Northern District of Illinois was denied. In Florence Mussat, M.D. S.C. v. Enclarity, No. 1:16-cv-07643
TCPA Fax Lawsuit against Enclarity Proceeds Read More »