On May 18, 2015, the United States Supreme Court granted a petition for a writ of certiorari to address (1) whether a case becomes moot when the plaintiff receives an offer of complete relief on his claim and (2) whether the answer to the first question is any different when the plaintiff has asserted a
NJ Amends Do Not Call Law
Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request.
While many companies focus on complying with the Telephone
Top 15 for 2015 – Happy National Data Privacy Day
In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.” While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015.
- Inside Threats for Healthcare Providers and Business Associates. While news reports of security risks often focus on hackings and breaches
Offer of Judgment Doesn’t Moot Class Action
In what may be considered a blow to class action defense, this week the U.S. Court of Appeals for the Eleventh Circuit ruled that an offer of judgment to the named plaintiffs did not moot a proposed class action. This was a case of first impression before the Eleventh Circuit.
The putative class action, Stein
FCC Seeks Comment on Exemption Petition Re: Breach Notification
Many of us have likely received a notification from our bank or credit card company concerning suspected fraud or improper charges. However, the legality of those messages is not always clear. To this end, on October 14, 2014, the American Bankers Association (Association) filed a petition for exemption requesting that the Federal Communications Commission (FCC)
California District Court – “Under TCPA Autodialer Must Generate Numbers”
One of the most complex issues under the Telephone Consumer Protection Act (TCPA) is determining whether the technology utilized qualifies as an “automatic telephone dialing system” (ATDS) or “autodialer.” The TCPA prohibits using an ATDS to make calls to cell phone numbers, absent prior consent of the called party. An ATDS is generally define as
Video Interview: Discussing the FCC’s Recent Data Security Action with LXBN TV
Following up on our recent post on the subject, I had the opportunity to speak with Colin O’Keefe, Editorial Manager-LexBlog, on the FCC’s first foray into policing a cybersecurity incident. In the brief video interview, I explain what happened and what it could mean going forward. Special thanks to Colin, and LXBN TV, for
Second Circuit Finds No Consent in TCPA Appeal
In a recent ruling, the U.S. Court of Appeals for the Second Circuit revived a claim against debt collector under the Telephone Consumer Protection Act (“TCPA”), finding that the recipient of the call never expressly consented to the calls.
The plaintiff, Albert Nigro, called the power company to discontinue service at the home