TCPA Fax Liability: What's your motivation?

TCPA Fax Liability: What’s Your Motivation?

Recently, a federal court in Illinois dismissed Telephone Consumer Protection Act (“TCPA”) claims against an animal health and wellness company, Elanco Animal Health, Inc. (“Elanco”). Elanco sent unsolicited facsimile transmissions to Ambassador Animal Hospital, Ltd. (“AAH”) concerning continuing education seminars sponsored by Elanco. The Court dismissed the TCPA fax claims, ruling that plaintiff failed to …

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TCPA Vicarious Liability: It is About Control

Recently, an Arizona federal district court dismissed Telephone Consumer Protection Act (“TCPA”) claims against a Florida-based cruise ship company. The Court based its decision on the plaintiff’s failure to prove that the cruise ship company either sent the allegedly offending text messages itself or had an agent send them on its behalf. This latter, agency-based, …

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David Klein for Inman.com: How ShowingTime's Privacy Policy Ties Zillow's Hands

How ShowingTime’s Privacy Policy Ties Zillow’s Hands

Written by Patrick Kearns for Inman.com February 16, 2021 In the wake of Zillow’s acquisition of ShowingTime, real estate agents who used the platform were concerned about data. The fear expressed was that data from their clients, data regarding showings, is now sitting in the hands of a company it sometimes considers a competitor.  Zillow was clear that the …

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FCC TCPA clinical trial ruling

FCC TCPA Ruling Exempts Certain Clinical Trial Calls

In a January 15, 2021 ruling, the Federal Communications Commission (“FCC”) exempted certain telephone calls from the Telephone Consumer Protection Act (“TCPA”) ban on artificial or pre-recorded calls to residential lines.  Acurian, Inc., a company that recruits participants for clinical trials, petitioned for the TCPA exemption, arguing that the calls at issue were not made …

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Trademark Dispute

Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark

On February 1, 2021, Pop Warner Little Scholars, Inc. (“PWLS”) and Pop Warner Authentic, Inc. (“PWA”) (collectively, “Pop Warner”) filed a complaint for trademark infringement against Hanesbrands, Inc. (“Hanes”) in the United States District Court for the Central District of California. Pop Warner is seeking injunctive relief and damages stemming from these infringement allegations. Given …

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