Follow: Email

Last week, the Seventh Circuit issued a decision in Physicians Healthsource, Inc., v. A-S Medication Solutions, LLC, a case that could have important implications for fax marketing.  The court found that the consent required under the Telephone Consumer Protection Act (TCPA) to send an unsolicited fax advertisement must satisfy highly specific standards and potentially cannot be transferred as part of a corporate transaction.

Continue Reading Seventh Circuit TCPA Decision Imposes Potentially Restrictive Consent Standard for Faxes

The Seventh Circuit has issued a unanimous decision in Gadelhak v. AT&T Services, adopting a narrow interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA).  This decision is in line with a recent ruling from the Eleventh Circuit (which we analyzed here) but departs from the Ninth Circuit’s approach—deepening a circuit split that increases the possibility the Supreme Court will review the issue.
Continue Reading Seventh Circuit Adopts Narrow Interpretation of TCPA Autodialer Definition, Deepening Circuit Split

The Eleventh Circuit has issued a decision in Glasser v. Hilton Grand Vacations Company that rejects an expansive interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA)—an interpretation that has been embraced by the Ninth Circuit.  The decision therefore creates a circuit split that could increase the possibility the Supreme Court

The California Supreme Court has agreed to take up the question of whether a commercial general liability policy that covers “personal injury”—which, in relevant part, is defined as injury that arises out of a violation of an individual’s “right of privacy”—triggers the insurer’s duty to defend the insured against a claim that the insured violated the Telephone Consumer Protection Act (“TCPA”).  The U.S. Court of Appeals for the Ninth Circuit certified this question to the California Supreme Court on January 16, 2019.
Continue Reading California Supreme Court Case to Address Scope of TCPA Insurance Coverage

Yesterday, the Supreme Court granted certiorari in Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, No. 17-1705.  The case began when Carlton & Harris sued PDR Network for alleged violations of the commercial fax provisions of the Telephone Consumer Protection Act (“TCPA”).  The Fourth Circuit ruled in Carlton & Harris’s favor, relying on

Yesterday, the FCC released a Public Notice seeking comment on a recent decision issued by the U.S. Court of Appeals for the Ninth Circuit in Marks v. Crunch San Diego, LLC, No. 14-56834 (Sept. 20, 2018).  The Public Notice, issued in the context of the FCC’s Telephone Consumer Protection Act (TCPA) reform proceeding, seeks

Last week, the National Telecommunications and Information Administration (NTIA) published a request for comments on how it should approach consumer privacy policy.  NTIA noted that federal action is needed because a growing number of countries and U.S. states have adopted distinct policy approaches with respect to consumer privacy, which risks a fragmented regulatory regime that will harm innovation.

Continue Reading NTIA Requests Comments Regarding Federal Approach to Consumer Privacy

CTIA, the U.S. wireless industry’s trade association, recently announced the creation of a cybersecurity certification program for Internet of Things (IoT) devices that connect to the internet via LTE or Wi-Fi.  The program permits device makers to submit such IoT devices for testing by CTIA-authorized labs in order to obtain a certification of compliance with respect to cybersecurity.

Continue Reading U.S. Wireless Industry Establishes IoT Security Certification Program