Tag: US

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

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

App Maker Not Liable For User Sent Texts

App Maker Dodges Suit Over Friend Invitations

Real Ginger Fight Revived

Case tests the difference between 'directly from' and 'derived from'

Court Finds User Reply To SMS Call To Action Constitutes Prior Express Written Consent

Winner a loser in TCPA case alleging insufficient consent