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)
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
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
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
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
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…
Sixth Circuit Says Informational Fax Isn’t an “Ad”–Sandusky v. Medco
Medco is a “pharmacy benefit manager” (an intermediary between employers/health plan sponsors and drug companies). It sent two faxes to Sandusky Wellness Center, a health care provider, advising that many Sandusky patients had adopted Medco’s formulary, and encouraging Sandusky to…
Two Recent Spam Cases Look at Falsification of Origin and Subject Line Claims
Wagner v. Spire Vision: This is a spam lawsuit alleging receipt of emails in violation of California’s spam statute. There are 25 emails at issue. Header information claims: The California statute prohibits “falsified, misrepresented, or forged” header information. The court…
Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved
This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…
No Spam Lawsuit When Plaintiff Asked For The Emails–Beyond v. Kraft
Beyond Systems initiated this spam lawsuit. The court characterizes Beyond Systems as (barely) an internet service provider. Beyond was owned by Paul Wagner and its servers were kept at his parents’ Maryland residence. As mentioned by the court, not only…