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HTMLMais v. Gulf Coast Collection Bureau: Eleventh Circuit Provides Creditors TCPA Relief
Zachary D. Miller; Burr & Forman LLP;
Legal Alert/Article
October 8, 2014, previously published on September 30, 2014
In May 2013, a ruling from the U.S. District Court for the Southern District of Florida caused great concern among creditors and debt collectors by taking an unprecedented stance against the supremacy of orders issued by the Federal Communications Commission (“FCC”) regarding the...

 

HTMLNinth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA
Ernest C. Cooper; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 24, 2014
In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer Protection Act (TCPA). The marketing consultant acknowledged that Federal...

 

HTML“Objectively Reasonable” and Privacy: Recent Developments
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 16, 2014
The ubiquitous and rapidly-evolving nature of technology has recently necessitated serious consideration of our “reasonable expectation of privacy.” This concept is at the core of Canadian privacy law. In particular, the concept is a key part of the Charter test for s. 8, the right to...

 

HTMLFCC Sets Deadline for and Narrows Scope of Special Access Mandatory Data Collection
Russell M. Blau, Joshua M. Bobeck, Eric J. Branfman, Tamar E. Finn, Andrew D. Lipman; Bingham McCutchen LLP;
Legal Alert/Article
September 25, 2014, previously published on September 18, 2014
On Monday, September 15, 2014, the FCC’s Wireline Competition Bureau (“WCB”) issued a Reconsideration Order revising the mandatory data collection in the special access proceeding based on concerns raised by the Office of Management and Budget (“OMB”). In this Order,...

 

HTMLEleventh Circuit Hears Oral Argument in Landmark TCPA Case
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer Protection Act. On September 18, 2014, the United States Court of...

 

HTMLOverview of Certain Middle and Lower Middle Market Credit Trends
Joseph W. Price; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 22, 2014, previously published on September 2014
With heavier competition for bigger deals, larger private equity sponsors have increasingly turned to the middle market as a source for new acquisitions. In connection with this trend, certain large-cap deal terms have migrated into the middle and lower middle market debt financing arena. For...

 

HTMLNIST Issues Draft Report Enumerating Risks and Protections to Consider When Evaluating Mobile Apps for Your Enterprise
Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 19, 2014, previously published on September 12, 2014
As the world recovers from the excitement leading up to Tuesday’s Apple Live Event announcement of the new iPhone 6 and Apple Watch, mobile app developers are chomping at the bit to create software that leverages the new operating system and Apple’s widely-anticipated...

 

HTMLBreaking News: The COPPA Enforcement Actions are Here!
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 19, 2014, previously published on September 17, 2014
As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced that online review site Yelp, Inc. (“Yelp”) and mobile app...

 

HTMLAre You Ready? The EU “Cookie Sweep” is Upon Us
Ieuan Jolly; Loeb & Loeb LLP;
Legal Alert/Article
September 19, 2014, previously published on September 2014
This week, European authorities will be conducting a "cookie sweep" consisting of random checks of websites to ensure that they are complying with European Union (EU) "cookie" laws.

 

HTMLSenate Commerce Committee Releases Revised Draft of Legislation Extending STELA and Making Other Changes to the Communications Act
Seth A. Davidson, Arthur H. Harding; Edwards Wildman Palmer LLP;
Legal Alert/Article
September 18, 2014, previously published on September 15, 2014
Senators Rockefeller (D-WV) and Thune (R-SD), the chairman and ranking member of the Senate Committee on Commerce, Science and Transportation, have released a revised version of S. 2799, the “Satellite Television Access and Viewer Rights Act” (STAVRA). The full committee is scheduled to...

 


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