Category: Communications Law

November 7, 2013

New Job? Think Twice Before Announcing it via Social Media

A lawsuit filed in Massachusetts state court recently raised the issue of whether a former employee’s LinkedIn post announcing a new job could violate an anti-solicitation clause of a non-compete contract with the former employer. In KNF&T Inc. v. Muller, staffing company KNF&T filed suit against its former vice president, Charlotte Muller, for violating a… Read More

September 16, 2013

Appeals Court Rules TCPA Does Not Violate First Amendment

The U.S. Court of Appeals for the Fourth Circuit recently ruled that the Telephone Consumer Protection Act (TCPA) does not violate the First Amendment by requiring robocallers to identify themselves when making calls. Three months before the Maryland gubernatorial election in 2010, political consultant Julius Henson and his company Universal Elections, Inc., were hired to… Read More

August 28, 2013

Appeals Court Rules Consumers Can Revoke Consent Under TCPA

On August 22, 2013, the U.S. Court of Appeals for the Third Circuit ruled unanimously that under the Telephone Consumer Protection Act (TCPA), consumers may withdraw their consent to have robo-callers call them. The full text of the opinion is available here. The appeals court ruled in favor of Ashley Gager, who was contacted by… Read More

December 7, 2012

California Attorney General Flexes Muscle on Mobile Privacy: AG Sues Delta for Lack of Privacy Policy on Mobile Application

Yesterday, California’s Attorney General Kamala Harris filed the state’s first suit under California’s Online Privacy Protection Act.  The lawsuit, against Delta Air Lines, followed the Attorney General’s warning letters to Delta and many other companies in October to post privacy policies with their mobile apps to inform users of what personally identifiable information is being… Read More

December 3, 2012

FCC Ruling Permits Confirmation Text Messages for ‘Opt-Out’ Customers

The Federal Communications Commission recently ruled that companies may send a one-time text message confirming a consumer’s opt-out of texts without violating the Telephone Consumer Protection Act (“TCPA”), and potentially facing large class action lawsuits. This pro-business ruling represents a victory for SoundBite, the company that sought a declaratory ruling from the FCC, as well… Read More

September 10, 2012

FTC Sues DISH Network for Violating ‘Do-Not-Call’ Rules in Telemarketing

The FTC recently sued satellite television service operator DISH Network in federal district court in Illinois for violations of the Telemarketing and Consumer Fraud and Abuse Act. The agency claims DISH violated “company-specific do-not-call rules” – in other words, the FTC claims that DISH called consumers who had previously asked DISH not to call them… Read More

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