The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more
Just when you thought it was safe to open your e-mail again without being inundated with updated privacy policies, here comes the California Consumer Privacy Act of 2018 (“CCPA”). The new law, which goes into effect on...more
7/16/2018
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
General Data Protection Regulation (GDPR) ,
Minors ,
New Legislation ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Private Right of Action ,
Right to Delete
Clients regularly ask: If we win this putative class action, can the opposition just file another one on behalf of another as-yet-unidentified putative class representative? Until June 11, the answer was “Maybe?” Now, the...more
6/12/2018
/ Appeals ,
China Agritech Inc v Resh ,
Class Action ,
Class Certification ,
Class Members ,
Equitable Tolling ,
FRCP 23 ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
Securities Fraud ,
Statute of Limitations ,
Subsequent Litigation
In case there was any doubt that TCPA cases continue to flood federal court dockets nationwide, we recently reviewed the nearly 300 decisions referencing the TCPA that have been published since mid-December. Some of them have...more
6/6/2018
/ ATDS ,
Auto-Dialed Calls ,
Class Certification ,
Consent ,
Exceptions ,
Interlocutory Appeals ,
Mootness ,
Personal Jurisdiction ,
Prior Express Consent ,
Robocalling ,
Standing ,
Summary Judgment ,
TCPA ,
Telemarketing
On April 10, 2018, the Federal Financial Institutions Examination Council (the “FFIEC”), an interagency body composed of the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Federal...more
Overview of the Ruling -
On March 16, 2018, just before tip-off in the first round of the NCAA tournament, the D.C. Circuit provided the TCPA defense bar with a new playbook of sorts, in the form of a decision that will...more
3/26/2018
/ Appeals ,
ATDS ,
Auto-Dialed Calls ,
Declaratory Rulings ,
FCC ,
Personal Jurisdiction ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
A North Carolina bill designed to strengthen the state’s data breach notification statute could radically change incident response. Through the Act to Strengthen Identity Theft Protections, North Carolina could quickly become...more
1/22/2018
/ Credit Monitoring ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
Proposed Legislation ,
State Data Breach Notification Statutes
As 2017 comes to a close and companies look to planning initiatives for 2018, there is one date that should be front and center for privacy professionals: May 25, 2018. That is the date that the EU’s General Data Protection...more
12/22/2017
/ Consent ,
Data Breach ,
Data Processors ,
Data Protection ,
Disclosure Requirements ,
Encryption ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Notification Requirements ,
Personal Data
Every month or so, we review all Telephone Consumer Protection Act, 47 U.S.C. 227, et seq. (“TCPA”), decisions across the country to stay abreast of developments as we defend these cases throughout the United States. In this...more
12/19/2017
/ Auto-Dialed Calls ,
Discovery Disputes ,
FCC ,
Personal Jurisdiction ,
Prior Express Consent ,
Revocation ,
TCPA ,
Telemarketing ,
Text Messages ,
Venue ,
VoIP