Newsletters

06.06.18

Cybersecurity News: Vermont, Colorado and Maybe California

State legislatures are making their mark with new consumer protection legislation, most notably in Vermont, where the state enacted the first law regulating data brokers, and in Colorado, where lawmakers passed a new privacy and cybersecurity measure.


05.31.18

No Authority No Control Means No Vicarious Liability

The U.S. Court of Appeals, Ninth Circuit recently released an opinion in Jones v. Royal Administration Services on the issue of vicarious liability for telemarketing activity under the Telephone Consumer Protection Act (TCPA), updating a decision that we reported on in a previous issue of TCPA ...


05.31.18

Proposed Legislation, Testimony and Proposed Rulemaking on Robocalls

Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...


05.31.18

Derivative Sovereign Immunity for TCPA Defendant Ends Lawsuit

Thanks to the doctrine of derivative sovereign immunity, a defendant was absolved of liability in a Telephone Consumer Protection Act (TCPA) class action by the Fourth Circuit in Cunningham v. General Dynamics Information Technology, Inc. in April 2018.


05.31.18

Claims Based on TCPA, Not Contract, Means No Arbitration

Reversing a district court’s order to arbitrate a Telephone Consumer Protection Act (TCPA) class action, the U.S. Court of Appeals, Ninth Circuit determined in April 2018 in Rahmany v. T-Mobile USA, Inc. that the plaintiffs’ claims were based on violations of the statute unrelated to ...


05.31.18

TCPA Action Over Faxed Dinner Invite Thrown Out

In April 2018, a Connecticut federal court—deciding a case on remand from the U.S. Court of Appeals, Second Circuit—dismissed a Telephone Consumer Protection Act (TCPA) action challenging a faxed dinner invitation in Physicians Healthsource, Inc. v. Boehringer Ingelheim Pharmaceuticals, ...


05.31.18

Executive off the Hook in $22M TCPA Action

In City Select Auto Sales, Inc. v. David Randall Associates, Inc. et al., the U.S. Court of Appeals, Third Circuit has affirmed an opinion from the U.S. District Court, District of New Jersey that a corporate executive was not liable under the Telephone Consumer Protection Act (TCPA) for allegedly ...


05.31.18

Car Sales Website Did Not ‘Send’ Text Messages

Granting summary judgment in favor of the defendant in Serban v. CarGurus, Inc., Judge Saral Ellis from the U.S. District Court, Northern District of Illinois ruled in March 2018 that a car sales website was not liable under the Telephone Consumer Protection Act (TCPA) for a text message sent to ...


05.31.18

Recent Developments After ACA International v. FCC (May 2018)

As we previously reported, the D.C. Circuit issued its long-awaited decision in the ACA International case earlier this year, which was quickly followed by a Federal Communications Commission (FCC) public notice (Notice) seeking comments so as to define an automatic telephone dialing system (ATDS), ...


05.31.18

NLRB: Rulemaking May Be Solution to Joint Employer Standard

The National Labor Relations Board (NLRB or Board) announced that it is considering rulemaking to address the joint employer standard, launching the internal process necessary and adding the issue to its spring 2018 agenda.