Category: US
No Harm, Foul
Unanimous decision that a technical violation 'aggrieves' under BIPA
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