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|FTC Updates Its Mail Order Rule|
Kenneth R. Florin, James D. Taylor; Loeb & Loeb LLP;
October 15, 2014, previously published on October 2014The FTC's "Mail Order Rule" is now the "Mail, Internet, or Telephone Order Merchandise Rule" (16 CFR Part 435).
|Eleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard|
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
October 9, 2014, previously published on October 7, 2014The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a lower court. In Mais v. Gulf Coast Collection Bureau, Inc.,...
|Mais v. Gulf Coast Collection Bureau: Eleventh Circuit Provides Creditors TCPA Relief|
Zachary D. Miller; Burr & Forman LLP;
October 8, 2014, previously published on September 30, 2014In 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...
|FCC Considers Banning Redskins|
McDonald Hopkins LLC;
October 8, 2014, previously published on October 3, 2014Another federal agency may be preparing to weigh in on the on-going debate about the name of the National Football League franchise based in Washington, D.C. Just months after the Patent and Trademark Office canceled the team’s trademark; the Federal Communications Commission is weighing...
|FCC Repeals NFL Blackout Rules|
McDonald Hopkins LLC;
October 8, 2014, previously published on October 3, 2014The Federal Communications Commission (FCC) voted unanimously this week to repeal federal regulations that prohibit cable and satellite TV providers from showing a sports event in an area if the game was blacked out on broadcast television stations such as Fox or CBS.
|Ninth 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.;
October 2, 2014, previously published on September 24, 2014In 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...
|“Objectively Reasonable” and Privacy: Recent Developments|
Roland Hung, Kimberly Macnab; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 16, 2014The 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...
|FCC 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;
September 25, 2014, previously published on September 18, 2014On 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,...
|Eleventh Circuit Hears Oral Argument in Landmark TCPA Case|
Michael C. Lueder; Foley & Lardner LLP;
September 23, 2014, previously published on September 22, 2014Industry 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...
|Overview of Certain Middle and Lower Middle Market Credit Trends|
Joseph W. Price; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 22, 2014, previously published on September 2014With 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...