Category: Communications Law
TCPA Not Violated When Consumer Voluntarily Provided Number to Business
A federal court in California recently ruled that a plaintiff who was required to enter her phone number to purchase a plane ticket online had consented to receive a text message, and dismissed her claim under the Telephone Consumer Protection Act (TCPA). A plaintiff’s prior express consent is a major issue in TCPA litigation and… Read More
Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment
The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor under the Communications Decency Act (CDA). TheDirty.com is a website run by Nik Lamas-Richie. The site allows users… Read More
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
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
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
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
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
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
High Court Tosses Out Indecency Cases, Finds FCC Didn’t Give Proper Notice to Broadcasters
On June 21, 2012, in FCC v. Fox Television Stations Inc., the U.S. Supreme Court struck down the Federal Communications Commission’s effort to apply its indecency standard to brief broadcasts of nudity and “fleeting expletives.” But the Court relied not on the First Amendment’s free-speech guarantees but rather on the Fifth Amendment’s due process clause…. Read More
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