• 03.13.18

    Warning That Cryptocurrency Exchanges May Be Unlawful Trading Platforms

    On March 7, 2018, the Securities and Exchange Commission (SEC) issued a public statement warning that cryptocurrency coin exchanges were possibly operating as unlawful online trading platforms.

  • 03.09.18

    No Vicarious Liability Without Ratification, Ninth Circuit Rules

    A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S. Court of Appeals for the Ninth Circuit recently ruled.

  • 03.09.18

    Second Circuit Takes Sting out of Flu Shot Suit

    The U.S. Court of Appeals for the Second Circuit ruled that the Healthcare Exception to the TCPA applied to a case involving a healthcare provider that sent a text message with a flu shot reminder to a patient who provided his cellphone number for “treatment” purposes.

  • 03.09.18

    Florida Court: No ATDS, No TCPA Suit

    Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action.

  • 03.09.18

    Too Soon to Dismiss TCPA Action, Court Decides

    A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute.

  • 03.09.18

    FTC Addresses Possible Mechanisms to Address Erroneously Blocked Robocalls

    As anyone familiar with the TCPA well knows, not all “robocalls” are treated equal—some are allowed, some are not, some are restricted to varying degrees and some are stopped before the phone even rings (i.e., they are blocked by carriers/call providers). 

  • 03.09.18

    Consent Revocation a Factual Inquiry Precluding Summary Judgment

    A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a fact-sensitive inquiry” precluding summary judgment in favor of either ...

  • 03.09.18

    Eleventh Circuit’s Decision on Partial Revocation Stands

    The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case.

  • 03.08.18

    AGs Urge Legislation Ending Arbitration for Sexual Harassment Claims

    In a letter to congressional leadership, the attorneys general of all 50 states, the District of Columbia and five territories urged lawmakers to enact legislation that would eliminate mandatory arbitration agreements when workers present sexual harassment claims.

  • 03.08.18

    States Take Sides on Net Neutrality

    The states have taken matters into their own hands as the battle over net neutrality continues, even after the Federal Communications Commission’s (FCC) vote to repeal the rules.

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