TCPA Claim Against Taco Bell Fails For Lack of Agency

TCPA Claim Against Taco Bell Fails For Lack of Agency

I mentioned before that a court said Taco Bell wasn’t liable for texts sent on its behalf because the plaintiff didn’t adequately allege the sender was Taco Bell’s agent (See “Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message…

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Say you’re a lawyer and you receive a promotional email intimating that you’re one of the “Top Lawyers in California.” You probably just delete it and move on, right? That would be too easy. Nicholas Bontrager sued Showmark alleging that…

First Amendment Precludes Disorderly Conduct Conviction for Ranting on Police Department Facebook Page

First Amendment Precludes Disorderly Conduct Conviction for Ranting on Police Department Facebook Page

Smith was convicted following a jury trial of disorderly conduct and unlawful use of a computerized communication system. His charge stemmed for comments to the local police department’s Facebook page (access the town’s webpage here). The police department initially posted…

Criminal Cyberbullying Statute Violates First Amendment--New York v. Marquan

Criminal Cyberbullying Statute Violates First Amendment–New York v. Marquan

Albany County enacted a criminal cyberbulling statute, which defined cyberbulling as: any act of communicating or causing a communication to be sent by mechanical or electronic means, including posting statements on the internet or through a computer or email network,…

Stalking Conviction For Friending a Prosecutor's Facebook Friends?--State v. Moller

Stalking Conviction For Friending a Prosecutor’s Facebook Friends?–State v. Moller

Online stalking and threats are hot topics today, especially in light of the Supreme Court granting cert in US v. Elonis (we plan to recap that case before oral arguments). Today’s case highlights the grey area between veiled threats and…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…

Revenge Porn/Cyberstalking Conviction Doesn't Violate First Amendment--US v. Osinger

Revenge Porn/Cyberstalking Conviction Doesn’t Violate First Amendment–US v. Osinger

V.B. and Osinger had a relationship. When it terminated, he continued to contact her in a variety of ways (email, text, etc.). They originally lived in Illinois, but V.B. moved to California, where she accepted a job. Before she moved,…

Path May Be Liable for Text-Spamming Users' Contact Lists

Path May Be Liable for Text-Spamming Users’ Contact Lists

Sterk, of Sterk v. Redbox fame, sued Path, alleging that he received unsolicited marketing texts from Path. The court declined Path’s request to stay the case in favor of FCC proceedings, and the parties filed summary judgment motions on the…

Police Officers Aren't Liable For Investigating Cyberstalking and Revenge Porn--Keaton v. Hannum

Police Officers Aren’t Liable For Investigating Cyberstalking and Revenge Porn–Keaton v. Hannum

Keaton is an Indiana lawyer who was charged with stalking and otherwise harassing his ex-girlfriend, Zook (then a law student). When she broke it off, Keaton continued to contact her. When she changed her phone number, he engaged a private…

CAN-SPAM Preemption Doesn't Apply To Fraud...And More

CAN-SPAM Preemption Doesn’t Apply To Fraud…And More

This a spam case. Plaintiff sued, alleging violations of California’s spam statute with respect to 49 emails. Plaintiff alleged that defendants: register[ed] its domain names used to send spams to unregistered fictitious business names claiming their addresses to be boxes…