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 »
As our readers know, we have been closely monitoring a case challenging the constitutionality of a New Jersey privacy law known as Daniel’s Law, which was enacted after the killing of a New Jersey federal judge’s son. Our readers may recall a recent piece in which we discussed the questions that the United States Court
New Jersey Court Ruling May Signal the End for Daniel’s Law 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 »
In our piece immediately preceding this one, we briefly discussed revived legislation aimed at curtailing the unintended reach of the California Invasion of Privacy Act (“CIPA”). Herein, we discuss in detail the proposed legislation, recent amendments to the bill designed to change CIPA’s laws, and the effects that the proposed legislation would have on the
Help Wanted! CIPA Law Reform on the Horizon? Read More »
California courts continue to be confronted with claims alleging that websites are violating the California Invasion of Privacy Act (“CIPA”). While courts debate CIPA’s applicability to the use of third-party internet tracking software, a California federal judge recently denied a CIPA-based motion for class certification. Below, we discuss: (1) the CIPA allegations asserted in the
Class Dismissed – Class Certification Denied in CIPA Internet Tracking Lawsuit Read More »