Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes

…Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook TCPA Claim Against Non-Sender Fails Third Circuit Revives TCPA Case Against Yahoo Court Rejects TCPA Claim on the Basis of Implied Consent…

Appeals Court Curbs FTC’s Enforcement of Security Standards–LabMD v. FTC

…Data Breach Litigation Rulings (Guest Blog Post) A Tale of Two Spokeos “Manufactured” TCPA Suit Fails For Lack of Standing More Data Breach Lawsuits Fail In Court–Michaels Stores and SuperValu…

On Remand, Ninth Circuit Says Robins Satisfied Article III Standing

…very privacy-friendly language in this opinion that should make data aggregators cringe. Case citation: Robins v. Spokeo, Inc., No. 11-56843 (9th Cir. Aug. 15, 2017) Related posts: “Manufactured” TCPA Suit…

Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber

…WL 1034731 (W.D. Tex. Mar. 16, 2017). This is a TCPA case against Uber. As usual, Uber invoked its arbitration clause. The plaintiff makes many of the same arguments that…

Overly Broad Arbitration Clause Fails–Wexler v. AT&T

…to plaintiff. The plaintiff sued asserting TCPA violations. AT&T moved for arbitration under the above clause. The court is troubled by the scope of the arbitration clause, including the entities…

Anti-Robocall Statute Violates First Amendment–Gresham v. Rutledge

…challenging the constitutionality of the TCPA based on this. (See “The TCPA As Great Uniter? Democrats and Tea Party Republicans Join Forces, File Suit Seeking To Have The TCPA Declared…

A Tale of Two Spokeos

…data, see Eric’s article, Data Mining and Attention Consumption.] Mey v. Got Warranty: This is a TCPA case where the plaintiff alleged that the defendant placed calls using auto-dialing equipment….

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

Fails For Lack of Standing Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook TCPA Claim Against Non-Sender Fails Third Circuit Revives TCPA Case Against Yahoo Court Rejects TCPA Claim on…

“Manufactured” TCPA Suit Fails For Lack of Standing

Violate the TCPA?–Duguid v. Facebook TCPA Claim Against Non-Sender Fails Third Circuit Revives TCPA Case Against Yahoo Court Rejects TCPA Claim on the Basis of Implied Consent Recent FCC Order…

Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…

…much of an effect on TCPA cases. In any event, there is a lot of language in Justice Alito’s opinion that supports a narrow(ish) view of privacy harm. Eric’s Comments:…