The Bottom Line The Court’s narrowing of the autodialer definition will provide flexibility to marketers using systems that do not have the capacity for random or sequential number generation, like those that dial from stored lists. It is likely to significantly reduce the number of class actions Continue Reading
“Grand Finale?” — Supreme Court to Address the Definition of “Automatic Dialer” Under the TCPA
The Bottom Line The Supreme Court’s upcoming decision will likely resolve a longstanding circuit split on what constitutes an automatic dialer under the TCPA.If the Court adopts Facebook’s narrower view, its decision could significantly reduce the number of TCPA class action suits filed going Continue Reading
Competing Bipartisan COVID-19 Privacy Bills to Be Introduced
The Bottom Line With pressures mounting to find new ways to fight the coronavirus and responsibly ease social distancing restrictions, the use of mobile and geolocation technologies may be key in this fight. Therefore, both The COVID-19 Consumer Data Protection Act and Continue Reading
Key Considerations for Retailers in the Face of COVID-19
The Bottom Line Retailers may be rushing to adapt to the new normal and embrace an e-commerce model, but there are still a myriad of legal issues to navigate.As the world of “e-tail” becomes king — at least for now — it is more important than ever to thoroughly understand the implications of new Continue Reading
Telemarketing Lawsuits Fueled by Regulatory Uncertainty
6th Edition: Trends in Marketing Communications Law Recent developments continue to highlight the high risks associated with class action lawsuits brought under the Telephone Consumer Protection Act (TCPA). With statutory damages of up to $1,500 for a single unauthorized text message, consumers Continue Reading
“Dialing It Back?” Federal Courts Weigh in on “Autodialers” After Appeals Court Strikes Down FCC Interpretation of TCPA
The Bottom Line In the aftermath of the DC Circuit's ruling striking down the FCC's interpretations of what constitutes an ATDS under the TCPA, ambiguity abounds. While the Herrick ruling represents a very positive development for marketers and their agencies, the Reyes ruling demonstrates that Continue Reading
Federal Appeals Court Strikes Down Key Parts of the FCC’s TCPA Order
The Bottom Line The court's decision sends the FCC back to the drawing board, providing the marketing industry with an opportunity to offer input as the FCC reconsiders its interpretation of the TCPA. Indeed, a coalition led by the U.S. Chamber of Commerce has petitioned the FCC to craft a narrow Continue Reading
What We Can Learn from the FTC’s 2017 Privacy and Data Security Update
The Bottom Line The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in Continue Reading
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
The Bottom Line The Northern District of Illinois' practical approach to analyzing whether lack of consent gives rise to actionable harm under the TCPA, and whether this issue can truly be determined on a class-wide basis, may represent a significant victory for businesses that rely heavily on Continue Reading