TCPA, SCOTUS, mini-TCPA
SCOTUS Ended Debate on Autodialer Definition, But this Isn't the End of the TCPA
By Justine Young Gottshall & Brian C. Schaller on April 06, 2021
TCPA, Texting, SCOTUS
Big News for Businesses That Call or Text!
By InfoLawGroup LLP on April 01, 2021
TCPA, SCOTUS
Big Changes Coming to Calling & Texting Legal Landscape? TCPA Update
By Brian Schaller on December 18, 2020
TCPA, COVID-19, autodialer, Calling, Text Messaging
Calling/Texting Still a Minefield – Update on the TCPA during COVID-19
By Brian Schaller on May 29, 2020
TCPA, autodialer
Randomly Generated Rulings: Additional Narrower Definitions of “Autodialer” under the TCPA is Good for Callers (But Still Waiting to See What SCOTUS Will Do)
By Brian Schaller on February 20, 2020
TCPA, text messaging, FCC, telemarketing, Federal Communication Commission, Telphone Consumer Protection Act, Phone Calls
Finally, A (Sort Of) Real Solution to Avoid TCPA Liability for Reassigned Numbers—Businesses that Make Calls or Send Texts Should Pay Attention
By Brian Schaller on December 20, 2018
TCPA, ACA
TCPA Update: Autodialer Definition Broad, Narrowed, and Broad Again
By Brian Schaller on September 27, 2018
Do Not Call Regulations, privacy, statutes, TCPA, wireless
The FCC TCPA Order: What Does My Business Need To Know?
By Justine Young Gottshall on July 22, 2015
Consumer Protection, privacy, TCPA
The FCC May Make Important Clarifications to the TCPA
By Justine Young Gottshall on June 01, 2015
class action, Do Not Call Regulations, FCC, Lyft, primary jurisdiction, stay, TCPA
Litigation, Litigation, Go Away, Come Again Another Day: TCPA Lawsuit Stayed Pending FCC’s Resolution of Issues
By InfoLawGroup LLP on January 15, 2015
ATDS, attorneys fees, Connecticut, CUTPA, mini-TCPA, MMS, SMS, TCPA
New Connecticut Mini-TCPA Provides for Giant Penalties and Attorneys’ Fees
By InfoLawGroup LLP on July 23, 2014
CAA, Chesboro, consent, E-Sign, expected and desired business communications, GroupMe, intermediary, package delivery notification, prior express consent, prior express written consent, TCPA
Two FCC TCPA Orders Address Consent through an Intermediary, Provide First TCPA Exemption, and Hint at Future Directions
By InfoLawGroup LLP on April 11, 2014
TCPA, TCPA Litigation
Decision Holds “Prior Express Consent” To Send Transactional Text Messages is Present When Consumer Simply Provides Their Mobile Number; District Courts Split on Issue
By InfoLawGroup LLP on March 03, 2014
Do Not Call Regulations, SMS, TCPA, telemarketing, text messages
There’s Still Time Left To Comply: TCPA’s “Prior Express Written Consent” Requirement for Certain Text Messages and Calls Becomes Effective October 16
By InfoLawGroup LLP on August 16, 2013
arbitration, autodialer, SMS, TCPA, text messaging
Three Recent TCPA Cases Illustrate Divergent Treatment of Similar Conduct
By InfoLawGroup LLP on November 21, 2012
California, class action, injury-in-fact, motion to dismiss, Shine the Light, State case law
First Reported Shine the Light Suit Dismissed for Failure to State Cognizable Injury
By InfoLawGroup LLP on June 19, 2012
Last week, a plaintiff's putative class action alleging a violation of California's Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men's Journal LLC, No. 12-cv-00771-DSF-E, 2012 WL 2152815 (C.D. Cal. June 14, 2012). The suit, one of several other similar pending suits, is the first reported decision applying the Shine the Light Law.
California, class action, credit cards, loyalty program, personal identification information, personal information, rewards program, Song-Beverly
Class Certification Ruling Suggests that a Plaintiff's Membership in a Retailer's Pre-Existing Rewards Program May Not Excuse a Retailer's Request for Personal Information at the Register
By InfoLawGroup LLP on May 17, 2012
The U.S. District Court for the Southern District of California recently granted class certification in a Song-Beverly Credit Card Act case, refusing to exclude from the class individuals who joined the retailer's rewards program months after the alleged Song-Beverly violation. See Yeoman v. IKEA U.S. West, Inc., No. 11CV701, 2012 WL 1598051 (S.D. Cal. May 4, 2012). The Court's discussion suggests that a retailer may also face Song-Beverly liability even if it requests personal information at the register that it already holds by virtue of the customer's membership in its rewards program.
California, class action, ECPA, InfoLawGroup, information law group, InformationLawGroup, Nicole Friess, personal information, personal privacy, personally identifiable information, privacy, Stored Communications Act, unfair competition, Wiretap Act
California Federal Court Dismisses Bulk of Privacy Suit Against Facebook
By InfoLawGroup LLP on June 07, 2011
201 CMR 17-00, AES, anonymity, behavioral advertising, breach notification, California, cloud computing, contracts, DPA, Eavesdropping, encryption, EU Data Protection Directive, GLBA, HIPAA, HITECH, IAPP, Kearney, Massachusetts, personally identifiable information, pii, RFID, social networking, spam, SSN, TCPA, telemarketing, text messages, UK ICO, VPPA
Celebrating Data Privacy from A to Z
By InfoLawGroup LLP on January 28, 2010
In honor of Data Privacy Day and its spirit of education, I thought it might be appropriate (and fun) to celebrate some (but certainly not all) of the A, B, Cs of Data Privacy. Would love to see your contributions, too!
California, class action, invasion of privacy, personal identification information, pii, retailers, Song-Beverly Credit Card Act, Williams-Sonoma, zip codes
California Court Rejects Class Action Based on Data Collection for PII Aggregation Purposes
By InfoLawGroup LLP on October 28, 2009
On Friday, the California Court of Appeal, Fourth Appellate District, certified for publication its October 8 opinion in Pineda v. Williams-Sonoma, the most recent in a string of decisions regarding California's Song-Beverly Credit Card Act of 1971, California Civil Code § 1747.08. On first glance, Pineda appears uneventful. The Court merely reiterated its December 2008 holding in Party City v. Superior Court, 169 Cal.App.4th 497 (2008), that zip codes are not personal identification information for purposes of the Act, right? Not so fast. In fact, the Pineda court added a couple of new wrinkles that are worth a second look. First, the court reaffirmed its Party City holding even though Pineda specifically alleged that Williams-Sonoma collected the zip code for the purpose of using it and the customer's name to obtain even MORE personal identification information, the customer's address, through the use of a "reverse search" database. Second, the court held that a retailer's use of a legally obtained zip code to acquire, view, print, distribute or use an address that is otherwise publicly available does not amount to an offensive intrusion of a consumer's privacy under California law.