“Ringless Voicemail” Vendor Wins Section 230 Defense Against FTC–US v. Stratics Networks
…a phone call? These questions brought to mind the old Joffe case, where the held that the TCPA applied to “text calls”–say what??? (See more possibly related blog posts on…
Another Doctor Learns Why It’s Unwise to Sue Patients
…work online. Hah sued the four defendants. The defendants filed an anti-SLAPP motion pursuant to Texas’ anti-SLAPP law (the Texas Citizens’ Participation Act (TCPA)). The district court didn’t act on…
Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial
…(1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The underlying case is a putative TCPA class action. Fluent is a…
Grokking the Supreme Court’s TransUnion Decision
…cases beyond FCRA cases. Consider what happens when the majority’s standing scrutiny is focused on concrete harm in cases brought under the TCPA, CAN-SPAM, VPPA, and so on. This is…
Print Ad’s “Terms and Conditions” Don’t Create Binding Arbitration Clause–Soliman v. Subway
…but then sent STOP. However, Subway allegedly didn’t stop sending text messages. She sued for TCPA violations. Subway invoked the arbitration clause contained in the terms of use that the…
CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart
…Over Tracking Logged-Out Users–In re Facebook Internet Tracking On Remand, Ninth Circuit Says Robins Satisfied Article III Standing “Manufactured” TCPA Suit Fails For Lack of Standing Seventh Circuit: Data Breach…
Section 230 (Mostly) Protects Zoom from Liability for Zoombombing
…false advertising. Nunes v. Twitter (note: the Nunes here is not Devin) because the TCPA bans unsolicited texts, regardless of the text’s content. In my blog coverage of the Nunes…
Consent Via “Clickwrap” Defeats Privacy Claims–Javier v. Assurance
…Assurance’s site and records the users’ keystrokes. For Assurance, these recordings provide confirmation that each user consented to its phone calls–which helps rebut TCPA claims. Assurance’s fears were well-founded. Javier…
TOS Isn’t a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways–Regan v. Pinger
…for TCPA claims. The defendant sought to send the case to arbitration per its TOS. Over the years, the defendant used different TOS formation layouts: I think my Internet Law…
Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva
…Ninth Circuit Says Robins Satisfied Article III Standing “Manufactured” TCPA Suit Fails For Lack of Standing Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm Android and Pandora…