News & Analysis as of

Mobile Devices Class Action

Venable LLP

The Future of the Telephone Consumer Protection Act in the Wake of Supreme Court’s Decision in McLaughin Chiropractic v. McKesson

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The Telephone Consumer Protection Act (TCPA) continues to be hotly litigated by class action plaintiffs’ attorneys, with filed cases increasing significantly over the last year. ...more

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Miles Mediation & Arbitration

Private Versus Public Data: New Lawsuits Question What Should be Protected

Today, the cell phone has become ubiquitous. It likely goes where you go — to the office, to the grocery store, to the gym. Your favorite restaurant. Your doctor’s appointment. Your house of worship. While it’s almost always...more

Benesch

Serial TCPA Litigant’s Claims Dismissed For Inadequately Pleading Whether His Number is Protected By TCPA

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Little details matter, particularly in TCPA class actions. The court’s decision in Perrong v. Victory Phones LLC, No. 20-5317, 2021 U.S. Dist. LEXIS 26159 (E.D. Pa. Feb. 11, 2021) is a good reminder not to simply gloss over...more

Eversheds Sutherland (US) LLP

California Superior Court invalidates sales tax Regulation 1585 awarding refund on sales of bundled cellular telephones

On Oct. 27, 2020, the Sacramento Superior Court granted a writ of prohibition barring the California Department of Tax and Fee Administration (the Department) from applying sales tax Regulation 1585 (Reg 1585) to bundled...more

Eversheds Sutherland (US) LLP

Dialing In - TCPA top issues to watch in 2020

Companies in consumer-facing industries face a continued barrage of lawsuits under the Telephone Consumer Protection Act (TCPA). In 2019, TCPA lawsuits remained one of the most commonly filed type of class action in federal...more

Benesch

Point of Sale Newsletter - January 2020

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Enacted in 1991 to stem the tide of telemarketing calls, the Telephone Consumer Protection Act (TCPA) restricts “the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019 #5

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I was a speaker at a recent conference of municipalities in a state last week, and during my presentation, I mentioned the various cyber-attacks that have affected cities, towns and educational departments in the U.S....more

Ballard Spahr LLP

Reasonable Notice to Consumer Required for Enforcement of Arbitration Clause

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Addressing an important contract-formation issue that has divided federal courts, the U.S. District Court for the Western District of Pennsylvania recently denied a company's motion to compel arbitration because the consumer...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2018 #3

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Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more

Sheppard Mullin Richter & Hampton LLP

Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that...more

Proskauer - New Media & Technology

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

Polsinelli

Presentation Matters When Seeking to Compel Arbitration in Consumer Class Actions

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A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more

Carlton Fields

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

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The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Robinson+Cole Data Privacy + Security Insider

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

Ballard Spahr LLP

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

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Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

Pillsbury Winthrop Shaw Pittman LLP

The Robocalls and Class Actions Continue as FCC’s Omnibus TCPA Ruling Fails to Slow Surge of Lawsuits

In the face of ongoing uncertainty regarding permissible uses of modern telephone equipment under the TCPA, lawsuits and important precedents continue to pile up. The Telephone Consumer Protection Act of 1991 (TCPA),...more

Carlton Fields

Still Threatened: Arbitration Clauses in Securities Customer Agreements

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In a report to Congress released in March, the Consumer Financial Protection Bureau (CFPB) takes aim at consumer agreements that require disputes to be resolved by arbitration. The CFPB generally does not have...more

Polsinelli

Recent Decision Provides New Strategies for Businesses Seeking to Avoid TCPA Class Actions

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Earlier this month in Andermann v. Sprint Spectrum, L.P., a court addressed two hot topics in the litigation world: arbitration clauses and Telephone Consumer Protection Act (TCPA) class actions. The decision offers important...more

Wilson Sonsini Goodrich & Rosati

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

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