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…

One Minute Spent Reviewing a Junk Fax Received via Email is Not Injury for Article III Purposes

…agency’s judgment, it notes the agency was of the view that faxes sent to online services do not cause the harms Congress sought to remedy with the TCPA. __ So…

Your Periodic Reminder that Blogging About Litigation Can Generate More Litigation–Wexler v. Dorsey & Whitney

…Womble firm) made a post, “TCPA Class Certification Denial Exposes Major Spousal Scheme.” (The post was taken down in October 2018, but here’s the Wayback Machine version). The post covers…

1H 2019 Quick Links, Part 4 (Section 230, Content Moderation)

…apply to TCPA liability because the harm addressed by the TCPA is not related to the content of the robocalls….In other words, the TCPA holds purveyors of illegal robocalls liable…