Newsletters

07.09.18

Consent Limited by ‘Transactional Context’

Consent is defined by the “transactional context,” a California federal court explained when recently denying summary judgment in favor of a Telephone Consumer Protection Act (TCPA) defendant after it sent texts unrelated to the reason the plaintiff provided his phone number.


07.09.18

New Bill Seeks to Expand TCPA

In one of the few efforts to expand the Telephone Consumer Protection Act (TCPA), Democratic lawmakers introduced new legislation that includes changes to the revocation of consent, the definition of an automatic telephone dialing system (ATDS) and more.


07.09.18

The Second Circuit Weighs In on ACA International

Coming on the heels of the Third Circuit’s opinion in Dominguez, the Second Circuit issued what amounts to only the second federal appellate-level opinion thus far applying the D.C. Circuit’s important decision in ACA International to the Telephone Consumer Protection Act (TCPA) ...


07.09.18

District Courts Rule on ATDS Post-ACA International

Four recent rulings on what constitutes an automatic telephone dialing system (ATDS), after the U.S. Court of Appeals, D.C. Circuit struck down the Federal Communications Commission’s (FCC) interpretation, have produced mixed results, indicating the courts are still working through ...


07.09.18

First Appellate Court Opinion Post-ACA International

As we previously reported, the ACA International opinion earlier this year changed the face of Telephone Consumer Protection Act (TCPA) jurisprudence, insofar as the D.C. Circuit struck down the Federal Trade Commission’s (FCC) previously restrictive interpretation of what constitutes an ...


07.05.18

Mark Your Calendar: FTC Schedules Series of Public Hearings

At the top of the list of priorities for the new Federal Trade Commission: taking stock.


07.05.18

Dr. Oz Prescribes $5.25M Settlement in False Ad Case

Television personality Dr. Mehmet Oz reached a $5.25 million deal in a false advertising class action accusing him of overstating the benefits of dietary supplements promising weight loss.


07.05.18

Ninth Circuit Weighs In on Damages for Deceptive Pricing

Offering some hope to retailers facing litigation over allegedly false markdowns on price tags, the U.S. Court of Appeals, Ninth Circuit released an unpublished opinion upholding a California federal court decision that Kohl’s Department Stores did not have to pay restitution to the plaintiff.


07.05.18

Justices Buck Precedent to Allow Sales Tax Collection From Remote Sellers

Reversing prior precedent that prevented collecting sales tax from Internet retailers that do not have a physical presence in the state, the 5-4 Supreme Court said the case law didn’t reflect the current reality.


07.05.18

Consumer Lenders Beware: New California Privacy Law Likely Applies

Consumer lenders doing business in California will be subject to the new consumer privacy requirements by 2020, under California’s version of the General Data Protection Regulation (GDPR).