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Privacy Litigation

FCC Corrects July 10, 2015 TCPA Order

July 31, 2015 By David Carpenter

This week, the FCC issued the following correction of its July 10, 2015 Order on the Telephone Consumer Protection Act (“TCPA”): In Paragraph 100, the fourth sentence is corrected to read as follows: “It follows that the rule applies per call and that telemarketers should not rely on a consumer’s written consent obtained before the […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

FCC TCPA Order has Harsh Impact on Businesses

July 11, 2015 By David Carpenter

On July 10, 2015, the FCC entered its long awaited Order on 21 petitions seeking clarification on a number of issues related to the federal Telephone Consumer Protection Act (“TCPA”).  A copy of the complete Order is available here https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.  The Order is consistent with comments that the FCC made during its open hearing on […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

FCC’s TCPA Ruling Delivers Blow To Businesses

June 18, 2015 By Kelley Barnaby and David Carpenter

The FCC today approved a Declaratory Ruling and Order resolving approximately 20 pending petitions seeking clarification of a variety of items relating to the federal Telephone Consumer Protection Act (TCPA). The Commission’s Order expands consumer rights and protections at the expense of legitimate businesses that use modern technologies responsibly to reach consumers. At today’s Open […]

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

Kristy Brown Comments On TCPA Issues In Inside Counsel

May 12, 2015 By Privacy, Cyber & Data Strategy Team

Kristy Brown, partner and co-chair of the firm’s Privacy and Data Security Litigation Group, was interviewed by Inside Counsel about the uptick of Telephone Consumer Protection Act (TCPA) litigation and what companies should do to reduce their risk. In the interview, titled “TCPA Litigation: How can companies protect themselves?,” Brown first notes that, “No company […]

Filed Under: Privacy, Privacy Litigation Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing

May 1, 2015 By Donald Houser

The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]

Filed Under: Cyber Risk, Cybersecurity, Data Breach, Privacy Litigation, Security Breach

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