(Podcast) California Employment News – Key Rules for California Employers: Business Expense Reimbursement
California Employment News – Key Rules for California Employers: Business Expense Reimbursement
[Podcast] Hosted Payload Episode 2
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Is the TCPA Unconstitutional? [More With McGlinchey, Ep. 18]
Podcast: Conductive Discussions: Recent FRAND & Trade Secret Enforcement Trends Affecting the Semiconductor Industry
E17: Carpenter Decision Builds Up Privacy from #SCOTUS
Won’t You Be My Neighbor?
A Valuable Discussion About Property Values
The TCPA: Basics, Targeted Industries, and Trends
New Jersey to consider allowing police to search cell phones to combat distracted driving
Instapundit: America's IP Laws Need to be "Pruned Back"
Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more
Earlier this year, the Federal Communications Commission (FCC) published a new report and order (“Order”) concerning revocation of consumer consent under the Telephone Consumer Protection Act (TCPA). The new rules revise how...more
A district court in the District of Arizona granted a motion to dismiss in a Telephone Consumer Protection Act (TCPA) case on the basis that multimedia messaging service (MMS) texts do not constitute prerecorded messages...more
The Ninth Circuit recently rejected the argument that a text message qualifies as an “artificial or prerecorded voice” under the TCPA. See Trim v. Reward Zone USA LLC, 2023 WL 5025264, 2023 U.S. App. LEXIS 20445 (9th Cir....more
On August 8, a unanimous panel of the Ninth Circuit issued a decision affirming a district court’s partial dismissal judgment entered in Trim v. Reward Zone USA LLC, holding that text messages did not use prerecorded voices...more
On August 8, the Ninth Circuit affirmed a district court’s dismissal of a cause of action under the TCPA, wherein the plaintiff alleged that the defendant sent her three mass marketing text messages that utilized “prerecorded...more
As part of a broader campaign to go after “robocall” violations, the Federal Communications Commission (FCC) has announced a $5,134,500 fine against a company and its owners for making 1,141 robocalls in 2020 that violated...more
RECENT NEWS - FCC Issues Report and Order Aimed at Unlawful Texting - On February 23, 2023, the FCC issued a Report and Order (the “Order”) which took aim at unlawful texting, marking the first time the FCC has taken...more
Two recent District Court opinions highlight an ongoing dispute as to whether the TCPA and its implementing regulations should apply to mobile (cellular) phones and text messages received thereon, as opposed to the more...more
Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more
RECENT NEWS - Consumer Consent Required to Send “Ringless Voicemails,” FCC Finds - The Federal Communications Commission ("FCC"), in a recent Declaratory Ruling and Order, stated that callers must obtain consumer...more
Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more
In the past few weeks, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) has issued significant decisions concerning the Telephone Consumer Protection Act (TCPA) and its application to unwanted...more
The District of Connecticut recently dismissed a TCPA action against the Subway Franchisee Advertising Fund Trust (“Subway”) because plaintiff failed to allege that Subway used an ATDS to send text messages to her cell...more
On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...more
The TCPA’s Do Not Call (DNC) regulations prohibit telephone solicitations to “residential telephone subscriber[s]” who have “registered [their] telephone number on the national do-not-call registry.” See 47 C.F.R. §...more
Last week, the U.S. District Court for the Northern District of Texas held that mobile phones may qualify as “residential telephones” when used (as the Complaint alleged) primarily for “personal, family, and household use,”...more
At the September 30, 2021 Open Meeting, the Federal Communications Commission (FCC or Commission) adopted a Fifth Further Notice of Proposing Rulemaking (FNPRM) that proposes additional regulatory requirements on the gateway...more
A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....more
Financial Services, Healthcare, and Technology sector clients — and any company that places non-marketing calls or text communications to customers by automated means — should pay close attention to two new FCC orders from...more
In an Order issued December 16, 2020, the Eastern District of Texas adopted the Report and Recommendation of United States Magistrate Judge Kimberly C. Priest Johnson finding that calls placed to a cellular telephone do not...more