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TCPA Turnstile: Four Scariest Developments (and a Potential Ray of Light Amid the Fright) (TCPA Update Vol. 19)

As we reach the peak of this year’s Spooky Season, we thought it would be helpful to revisit some of the scariest recent developments in the realm of TCPA litigation and compliance. The conventional wisdom is that some of...more

NetChoice Succeeds in Striking Down Utah Social Media Law Under First Amendment

A federal court last week sustained a First Amendment challenge to a Utah law aimed at addressing the use of social media platforms by minors, holding that the law’s proponents failed to demonstrate that the law served a...more

BIPA Bellwether: Governor signs BIPA reform bill

In May, we told you about proposed revisions to the Illinois Biometric Information Privacy Act (“BIPA”) that should provide some welcome relief for defendants. Governor J.B. Pritzker has now signed that reform legislation...more

BIPA Bellwether: General Assembly provides relief from “per scan” damages

In a welcome change for defendants, a recent amendment to the Biometric Information Privacy Act (“BIPA”) is expected to significantly curtail potential damages under the statute. SB 2979, which passed the General Assembly on...more

SEC Joins Chorus of Regulators Requiring Data Breach Notifications

Last week, the U.S. Securities and Exchange Commission (“SEC”) became the latest federal regulator to implement a data breach notification law. The commissioners unanimously voted to approve amendments to Regulation S-P (the...more

Breach Response: Is 72 hours the new 30 days?

For years, we were able to tell most clients experiencing a potential data security incident that they likely had at least 30 days to notify any third parties about the incident – if they concluded it was a breach. There...more

Cybersecurity Sheriffs Continue to Multiply and Crack Down – New SEC Rule Amps Up Public Company Pressure

Last week, a sharply divided U.S. Securities and Exchange Commission (“SEC”) significantly increased reporting requirements on public companies by adopting a Cybersecurity Risk Management, Strategy, Governance, and Incident...more

TCPA Turnstile: As we wait for a ruling in Barr, new case law abounds (TCPA Case Update Vol. 12)

Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more

Zooming into New Privacy Issues

“Should we do a Zoom?” It has taken little more than a month for the Zoom video conference platform to take its place among the likes of Google, Kleenex and Xerox as brand names synonymous with the product or service being...more

Five Key TCPA cases to Know as We Enter the Second Quarter of 2020 (TCPA Case Update Vol. 11)

We’re a quarter of the way through 2020 — even if March may have seemed liked several years unto itself — and it is shaping up to be another big year for TCPA litigation. We’ve gone through the dozens of TCPA decisions...more

TCPA Turnstile: Case Update Vol. 10

Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related...more

Common Sense Reigns in 11th Circuit: A Brief Annoyance Does Not Create Standing

For the vast majority of Americans, receiving a single unsolicited text message is a mere annoyance that does not warrant a federal lawsuit. But spurred by the language of the TCPA and a series of judicial decisions...more

TCPA Case Law Review (Vol. 9): How are there still this many TCPA cases?

The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA...more

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more

HIPAA Civil Penalty Annual Limits Plummet

Recognizing that different levels of culpability warrant different annual civil penalty limits, the Department of Health and Human Services adopted a notification April 23, 2019, to be published in the Federal Register April...more

SEC: Practice What You Preach on Privacy

One of the most common things we discuss with clients is the need to ensure that privacy policies accurately reflect the actual procedures in place for handling confidential information. The SEC reiterated that point last...more

TCPA Case Law Review (Vol. 8)

Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar. Several courts have denied class certification in putative TCPA class actions while other...more

TCPA Case Law Review (Vol. 7)

As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary...more

TCPA Case Law Review (Vol. 6)

As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or...more

TCPA Case Law Review (Vol. 5)

Since our last TCPA update at the end of August, the biggest news has obviously been the Marks v. Crunch case. But that was not the only meaningful case decided in the last month or so. Decisions continue to roll in on...more

TCPA Alert – What’s that Crunch-ing sound? Reason being destroyed in the Ninth Circuit

Ever since the D.C. Circuit’s ruling six months ago in ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018), which invalidated the FCC’s interpretation of an Automatic Telephone Dialing System (“ATDS”), a consensus had been...more

TCPA Case Law Review (Vol. 4)

If you have seen members of the TCPA plaintiffs’ bar sweating a bit more than usual lately, it’s not just the summer heat—they’re probably concerned about the steady stream of positive cases for the defense bar over the past...more

TCPA Case Law Review (Vol. 3)

The TCPA continues to generate significant case law nationwide. Since our last published update on June 5, 2018, there have been several significant decisions that all TCPA defense practitioners should be aware of. As always,...more

California and GDPR “Light”: A Match Made in Plaintiffs’ Lawyers’ Heaven?

Just when you thought it was safe to open your e-mail again without being inundated with updated privacy policies, here comes the California Consumer Privacy Act of 2018 (“CCPA”). The new law, which goes into effect on...more

For Whom the Bell Tolls? It Tolls for Thee, American Pipe and Successive Class Actions

Clients regularly ask: If we win this putative class action, can the opposition just file another one on behalf of another as-yet-unidentified putative class representative? Until June 11, the answer was “Maybe?” Now, the...more

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