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HTMLDial “C” for Confusion: Courts Split on TCPA Definition of Autodialer
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 15, 2016, previously published on March 15, 2016
Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This issue perpetuates the uncertainty over the scope...

 

HTMLThe Legal Implications of Cell Phone Use While Driving
Melissa Crowley; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 11, 2016
As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones while driving has increased, the legal implications for doing so has increased as well. One government study found that more than two-thirds of adult drivers in the United States reported...

 

HTMLWarrant Issued for Malware under Canada's Anti-Spam Law
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
February 16, 2016, previously published on January 29, 2016
The Canadian Radio-television and Telecommunications Commission ("CRTC") has executed a warrant under Canada's anti-spam law (commonly known as "CASL") to investigate the installation of malware and the alteration of transmission data.

 

HTMLOLG Hamburg: Advertising with Lowest Price Guarantee Potentially Anti-Competitive
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 11, 2016, previously published on February 10, 2016
According to a ruling of the Oberlandesgericht Hamburg (Higher Regional Court of Hamburg), advertising with a lowest price guarantee is potentially misleading and thus anti-competitive (Az.: 5 U 160/11).

 

HTMLSCOTUS to TCPA Defendants: Offer of Complete Relief to Lead Plaintiff is No Easy Out from Class Actions
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
February 9, 2016, previously published on January 22, 2016
What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action.

 

HTMLFCC Fines Private Land Mobile Licensee $135,000
Georgina Lopez-Ona Feigen, Jeffrey W. Rubin, Alan S. Tilles; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
February 8, 2016, previously published on January 19, 2016
On December 30, 2015, the FCC’s Enforcement Bureau released an Order adopting a Consent Decree entered into by the Bureau with private land mobile radio licensee Constellium Rolled Products Ravenswood, LLC (“Constellium”).1 The Consent Decree provides that Constellium admits that...

 

HTMLRinging Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year.

 

HTMLHow Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
January 29, 2016, previously published on January 21, 2016
On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. “Like other...

 

HTMLFourth Circuit Tower Decision
Georgina Lopez-Ona Feigen, Jeffrey W. Rubin, Alan S. Tilles; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
January 19, 2016, previously published on December 21, 2015
Last week, the Court of Appeals for the Fourth Circuit made a landmark decision that will impact how municipalities will review tower siting requests.

 

HTMLNot Just the Cost of Doing Business: Large FCC Fine Spotlights Risks from Two-Way Radios
Bruce A. Olcott, Preston N. Thomas; Jones Day;
Legal Alert/Article
January 19, 2016, previously published on January 2016
Handheld two-way radios can be an important tool at worksites and facilities across the country, but they can also be a hidden risk to the businesses that rely on them. The Federal Communications Commission ("FCC") refers to them as Private Land Mobile Radio Service ("PLMRS")...

 


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