A Tale of Two Spokeos

A Tale of Two Spokeos

The Supreme Court provided important guidance about Article III standing, especially what constitutes an injury sufficient to satisfy Article III, in the Spokeo v. Robins ruling from May 2016. At the time, it was unclear whether the ruling was more…

Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers--Nunes v. Twitter

Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers–Nunes v. Twitter

This is a TCPA lawsuit against Twitter. The claims are based on text messages sent to phone numbers where the subscriber was a Twitter user and signed up to receive text updates but later the phone number got recycled to…

"Manufactured" TCPA Suit Fails For Lack of Standing

“Manufactured” TCPA Suit Fails For Lack of Standing

This is a TCPA lawsuit over unsolicited calls. Although plaintiff resided in Pennsylvania, she purchased 35 pre-paid phones with Florida area codes. The area codes were selected because they are comparatively economically depressed and thus more likely to get collection…

Preemption Dooms Suit Over LinkedIn Group Spam

Preemption Dooms Suit Over LinkedIn Group Spam

This is a lawsuit over spam sent to the member of a LinkedIn group. The common sense failings underlying the claims speak for themselves, but the court ends up dismissing on preemption grounds. Plaintiff was a member of the “C,…

Does Two-Factor Authentication Violate the TCPA?--Duguid v. Facebook

Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook

Plaintiff sued Facebook alleging TCPA claims on behalf of a putative class. Facebook sends text messages when someone logs in to their account via a new or unrecognized device. Plaintiff was a non-Facebook user who received these messages. Unfortunately, despite…

YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)

YouTube Wins Another Case Over Removing And Relocating User Videos (Forbes Cross-Post)

I recently blogged about a lawsuit against YouTube for taking down a user’s video and relocating it to a different URL. Users get upset when their videos are removed-and-relocated because the process strips the video of its view count and…

TCPA Claim Against Non-Sender Fails

TCPA Claim Against Non-Sender Fails

Plaintiffs sued American Eagle Outfitters and Experian, alleging claims under the TCPA for unwanted text messages. American Eagle is the retailer, and Experian provides marketing services. But neither of these entities actually pressed the “send” button. We’ve seen disputes over…

Third Circuit Revives TCPA Case Against Yahoo

Third Circuit Revives TCPA Case Against Yahoo

A Yahoo user alleged that he purchased a phone that came with a preassigned telephone number. The previous subscriber of this number apparently set his account so emails sent to his Yahoo account triggered a text message to this phone…

Court Rejects TCPA Claim on the Basis of Implied Consent

Court Rejects TCPA Claim on the Basis of Implied Consent

Plaintiff sued on behalf of a putative class, alleging that he received marketing messages from Five Stars Loyalty that violated his rights under the TCPA. Plaintiff had lunch at a Flame Broiler restaurant and asked the cashier about the Five…

Recent FCC Order Helps Shopkick Defeat TCPA Claims

Recent FCC Order Helps Shopkick Defeat TCPA Claims

This is a TCPA lawsuit against Shopkick, a rewards-based app that lets shoppers accumulate and use in-store rewards. Plaintiff brought a putative class action, alleging that Shopkick caused invites to be sent to users’ contacts. Shopkick previously filed a motion…