Last week, a Washington federal judge, Robert S. Lasnik, dismissed a Telephone Consumer Protection Act (TCPA) class action against Twilio Inc. (Twilio) based on the finding that a text message did not constitute telemarketing...more
Last week, A&B Insurance and Financial LLC (A&B Insurance) agreed to pay $4.25 million to settle claims that it violated the Telephone Consumer Protection Act (TCPA) by initiating telephone calls to consumers without prior...more
The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more
6/9/2017
/ AICPA ,
Cell Phones ,
Class Action ,
CPAs ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Drones ,
HIPAA Breach ,
International Travel ,
Laptop Computers ,
Malware ,
Mobile Apps ,
OCR ,
PHI ,
Popular ,
Risk Management ,
TCPA ,
Terrorist Threats ,
Unmanned Aircraft Systems
Central Florida Regional Hospital (the Hospital) was released from a proposed class action last week for its alleged violations of the Telephone Consumer Protection Act (TCPA). The Hospital’s debt collector, Transworld...more
Last week, Georgia federal judge, U.S. District Judge Clay D. Land, approved the final order and judgment to settle class action claims that Central Payment Co. LLC (Central Payment) violated the Telephone Consumer Protection...more
A class action was filed in Fort Lauderdale, Florida this week against a national telehealth provider, MDLive Inc. (MDLive) for its mobile app’s alleged secret capture of screenshots containing sensitive patient information...more
5/1/2017
/ Breach of Contract ,
Class Action ,
Consumer Sales Practices Act ,
Fraud ,
Health Care Providers ,
Health Information Technologies ,
Intrusion Upon Seclusion ,
Mobile Apps ,
PHI ,
Telehealth ,
Telemedicine ,
Truth in Advertising ,
Unjust Enrichment
Last week, a class action law suit was filed against leader in the drone industry, DJI Technology, Inc. (DJI), for an allegedly harmful firmware update that occurred in December 2015 that rendered certain commercial drones in...more
2/24/2017
/ Attorney's Fees ,
Breach of Warranty ,
Class Action ,
Commercial Use ,
Drones ,
Express Warranty ,
Popular ,
Software ,
Technology Sector ,
Unmanned Aircraft Systems ,
Wifi
Rady Children’s Hospital-San Diego (Rady) was hit with a proposed class action in California federal court this week for alleged violations of the Telephone Consumer Protection Act (TCPA) for autodialed debt-collection calls...more
American Eagle Outfitters (American Eagle) settled a class action filed against it for alleged Telephone Consumer Protection Act (TCPA) violations for $14.5 million last week. The class action complaint alleged that American...more
Earlier this month, a Louisiana federal judge granted final approval of a $9.25 million settlement between Advanced Care Scripts Inc. (Advanced Care) and a class of plaintiffs—led by Jefferson Radiation Oncology LLC...more
Recently, a California federal judge, U.S. District Judge Cormac J. Carney, denied a request for class certification in the Telephone Consumer Protection Act (TCPA) class action against Dick’s Sporting Goods Inc. (Dick’s)...more
12/12/2016
/ ATDS ,
Cell Phones ,
Class Action ,
Class Certification ,
Class Representatives ,
Injury-in-Fact ,
Prior Express Consent ,
Retail Market ,
Retailers ,
TCPA ,
Text Messages
L.A. Tan, a tanning salon chain, will pay $1.5 million to settle violations of the Illinois Biometric Information Privacy Act (BIPA) by obtaining customer fingerprints without their consent and failing to properly inform them...more
Recently, an Illinois federal judge approved a $49.9 million settlement between US Coachways, a national charter bus and bus rental company, and a class of plaintiffs, represented by lead plaintiff James Bull for Telephone...more
Caribbean Cruise Line Inc., The Berkley Group Inc., and Vacation Ownership Marketing Tours, Inc. settled a Telephone Consumer Protection Act (TCPA) class action last week for up to $76 million (and not less than $56 million)....more
Last week, Mille Lacs County and former investigator for the Mille Lacs County Family Services, Mikki Jo Peterick, agreed to pay $1 million to settle a proposed federal class action which alleged that a former employee of...more
Yesterday, the U.S. Supreme Court issued a ruling in Spokeo Inc. v. Robins, marking a win for businesses—for now.
In a prior post, we discussed Spokeo, Inc.’s (Spokeo) request to the Supreme Court to overturn the...more
Caribou Coffee Co. Inc. (Caribou Cofee) was hit with a class action this week in Wisconsin. which alleges that the company violated the Telephone Consumer Protection Act (TCPA) when it sent unsolicited text messages to...more
Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of...more
5/9/2016
/ Class Action ,
Credit Checks ,
Criminal Background Checks ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Public Transit ,
Surface Transportation ,
Transportation Industry
On April 25, 2016, Facebook Inc. (Facebook) pled with a California federal judge, asking that the court dismiss the claims filed against the social media giant for its alleged Telephone Consumer Protection Act (TCPA)...more
Reader’s Digest, owned by Trusted Media, was hit with a class action in New York federal court alleging that the magazine sells its subscribers’ personal information, including names, addresses, and demographic information,...more
“Today is [Facebook friend’s] birthday. Reply to post a wish on her Timeline or reply with 1 to post ‘Happy Birthday!’” Facebook, Inc. (Facebook) faces a class action in California federal court for alleged violations of the...more
Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the...more
Last week, the Ninth Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Sabre Inc. (Sabre) because the court determined that the lead plaintiff, Shaya Baird, had consented to receiving text...more
Last week, Victoria’s Secret was hit with a class action in California alleging that the lingerie company sent Michael Hannegan almost 100 texts in one day in violation of the Telephone Consumer Protection Act (TCPA)....more
Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more