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…
Redbox’s Terms of Use Fail (OUCH)–Wilson v. Redbox
Redbox allegedly sent unwanted texts to Wilson. Wilson sued for TCPA violations. Redbox invoked the arbitration clause in its TOU. The court says the TOU did not properly form and…
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…
Court Declines to Dismiss Data Breach Claims Against Facebook Based on Access Token Incident–Bass v. Facebook
…III Standing “Manufactured” TCPA Suit Fails For Lack of Standing Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm Android and Pandora Privacy Rulings Accept Low Hurdle for…
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…