Category: US

Excel Is Not A Component Of An ATDS

Contrary opinions on dialing from a list continue to arise, circuit splits deepen

Dialing From A List Makes An ATDS

Court provides its own statutory interpretation of an ATDS

Definitions Of ATDS and Called Party Reopened for Consideration; Revocation Rules Stand

A long way from final answers, but hints as to how the Commission and case law could/should proceed.

BIPA Violations Automatically A Concrete Harm In The 9th Circuit (Updated)

"A violation of the BIPA notice and consent procedures ... is quintessentially an intangible harm that constitutes a concrete injury in fact."

Errant Email Defeats Motion To Dismiss DPPA Claims

Mere possibility of incorrect response does not render DPPA claims implausible

2nd Circuit Finds Flu Shot Texts Are Health Care Messages

and don't violate TCPA when you have prior express consent

The Influence of Spokeo on State Level Cases: Barnes v. Arytza and Rosenbach v. Six Flags

Removal to federal court doesn't kill standing, but court wants to see actual harm

VPPA Harms Concrete, But Roku ID Not Personally Identifiable

Roku device serial number is not personally identifiable, but it's not difficult to imagine other identifiers that may be

Long-Winded Opt-Out Requests Don’t Revoke Consent

The only reasonable expectation Plaintiff could have had is that her request for revocation would not be successful

FTC Modifies 2009 Order On ‘Tracking Applications’

Overbroad definition of 'Tracking Application' puts retailer at a competitive disadvantage