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FCC Seeks Public Input: Who Qualifies as a “Called Party” Under TCPA?

By Matt Gibson on Oct 20, 2014
Last week, the Federal Communications Commission (FCC) released a Public Notice announcing that it was seeking comment on a Petition for Declaratory Ruling that the Consumer Bankers Association (CBA) filed in September.

TCPA Update: Eleventh Circuit Rejects District Court’s Attempt to Review the FCC’s Consent Policy for Debt Collection Calls

By Matt Gibson on Oct 08, 2014
Sometimes weather looks threatening, but the rain never falls. Such is the case with our recent post discussing a cluster of cases addressing whether federal district courts have the authority to consider the validity of the FCC’s debt collection consent policy under its Telephone Customer Protection Act rules.

Do Proposed #FDA Pharma Twitter Rules Violate the #FirstAmendment?

By Devon Winkles on Sep 29, 2014
How many warnings can one 140-character tweet contain? Well, under the U.S. Food and Drug Administration’s proposed guidance for pharmaceutical promotion on Twitter and other character-limited platforms such as Google Sitelinks, we soon may find out.

Complex and Competing Data Privacy Considerations in Apple’s Move to Store Data in China

By Ananda Martin on Sep 25, 2014
Apple’s announcement in mid-August that, for the first time, it would store user data in mainland China, highlights the growing complexity of preserving data privacy across multiple jurisdictions.

A Growing TCPA Storm: Courts Grapple with Jurisdictional Issues in TCPA Litigation

By Matt Gibson on Sep 24, 2014
There’s a storm brewing, and it centers on a federal district court’s ability to question the validity of the FCC’s rules implementing the Telephone Consumer Protection Act (TCPA) in the context of class actions.

FTC Workshop on Big Data: Lots of Questions & a Few Answers

By Mary-Elizabeth M. Hadley on Sep 18, 2014
This past Monday, September 15th, the Federal Trade Commission (“FTC” or “Commission”) hosted a public workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” at which business and industry representatives, consumer advocates and academics gathered to explore the use of “big data” and its impact on American consumers.

Italian Data Privacy Law: The Recent Decision on Google

By Francesca Petronio and Marilena Hyeraci on Sep 16, 2014
In its decision on the 10th of July 2014 the Italian Data Privacy Authority ruled that Google’s data privacy policy was not fully compliant with the requirements and conditions set forth by Italian data privacy laws and asked the company to implement further specific tools for processing the personal information collected and stored through its different services.

Call (and Record) Me, Maybe: Dismissal of Call-Recording Class Action May Signal Reduced Liability for Service Providers

By Ryan Nier and Elizabeth Dorsi on Jul 24, 2014
One of the formalities of many customer service calls is the prerecorded line now engrained in our heads: “This call may be monitored or recorded for quality assurance purposes.” The purpose underlying the business practice (known as “service-observing”) is obvious: call centers want to be able to monitor and/or record calls to help train their employees. The purpose behind the disclosure, however, is legal: while most states allow telephone calls to be recorded with the consent of one party to the call, twelve states require the consent of all parties.

9th Circuit Affirms that Taco Bell is Not Vicariously Liable for TCPA Violations

By Matt Gibson on Jul 14, 2014
Shortly before the Independence Day weekend, the U.S. Court of Appeals for the Ninth Circuit released its unpublished decision in Thomas v. Taco Bell, in which it affirmed the district court’s determination that the restaurateur was not vicariously liable for a franchisee association’s alleged violations of the Telephone Consumer Protection Act (TCPA).

Death, Debt Collection and the TCPA: FCC Urges Second Circuit to Limit Scope of Son-in-Law’s Consent

By Matt Gibson on Jul 14, 2014
At the end of June, the FCC responded to a request from the U.S. Court of Appeals for the Second Circuit and filed an amicus brief in Nigro v. Mercantile Adjustment Bureau to provide the agency’s views on the applicability of its regulations implementing the Telephone Consumer Protection Act (TCPA).

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