Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the
Continue Reading Texting Post-Duguid: Can Consent Practices Change?
In a notable application of the European Court of Justice’s “Schrems II” decision, the data protection authority for the German state of Bavaria recently held that use by a German
Continue Reading Bavarian DPA Holds SCCs Alone Not Enough for European Use of US Email Service
The FCC recently adopted new rules that will limit the volume of calls that can be made to residential phones under certain TCPA consent exceptions. The new rules affect non-telemarketing calls that use an artificial or prerecorded voice. For years, companies have been able to make unlimited numbers of these calls to residential lines without the need for prior express consent if the exceptions applied. Beginning later in 2021, companies will need to follow volume limits for the following types of exempted calls, unless they have obtained prior express consent to make more calls. The new limits will apply to calls that fall into one of these consent exceptions:
Continue Reading FCC Sets Volume Limits For Some Prerecorded Calls to Home Phones
As 2020 draws to a close and we approach CCPA’s first birthday, the regulations continue to remain very much in “infant” mode. On December 10, 2020, the California Attorney General released a fourth set of proposed regulations. This is the second set of proposed changes released since the regulations went into effect in August 2020. Companies have until December 28, 2020 to submit comments to the AG on the modifications.
Continue Reading The Button is Back! Fourth Set of Modifications to CCPA Regulations Released
The Supreme Court’s recent decision in Barr v. American Association of Political Consultants held the government-debt exception of the TCPA unconstitutional under the First Amendment’s Free Speech Clause. This means that going forward, companies that make “debt-collection” calls on behalf of the federal government can only do so with the prior express written consent of the called individuals.
Continue Reading TCPA’s 2015 Government-Debt Collection Exception Struck Down- Now What?
Maine’s internet privacy law has survived its first challenge from internet service providers earlier this month. As we previously discussed, here, this law prohibits the sale of certain information about customers’ internet use by internet service providers and went into effect on July 1, 2020.
Continue Reading Maine Internet Privacy Law Survives Challenge
Apple recently revised its review guidelines to allow push notifications that include “advertising, promotions, or direct marketing.” This changes a prior -and longstanding- prohibition on push notices that contain such content. Customers must affirmatively opt in to get promotional push notices, though (“through consent language displayed in your app’s UI”). They must also be able to opt out through an in-app mechanism. Although promotional push notices were previously prohibited, many apps sent them. These modifications may be a step by Apple to acknowledge this use and put requirements in place around it.
Continue Reading Apple Eases Push Notification and Other Privacy Restrictions
As we reported in our sister blog, “One ‘Chirp, Buzz, Or Blink’ Is Not Enough To Sue Under the TCPA”, a recent court decision makes it more difficult for plaintiffs to establish standing under the Telephone Consumer Protection Act. In its decision, the Eleventh Circuit ruled that a single text message from an attorney to his former client did not amount to sufficient harm to sue in federal court. The Court concluded that the allegations regarding the single text message were not enough to state a concrete injury-in-fact necessary for federal jurisdiction. The Eleventh Circuit’s ruling appears to conflict with a previous Ninth Circuit decision regarding the same issue.
Continue Reading A Single Text Message May Not Violate TCPA
The Sixth Circuit is the latest court to weigh in on the definition of ATDS under TCPA. The TCPA defines ATDS as equipment that has the capacity “to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” Generally, the TCPA prohibits calls and text messages to cell phones using an ATDS without prior express consent.
Continue Reading Will More Clarity on Definition of ATDS Under TCPA Finally Be Here Soon?
Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers. Although Tiger hired a third party to handle its telemarketing, Tiger will pay $3.7 million on the claims as the advertiser with ultimate liability for non-compliance. According to the plaintiffs, neither company told the consumers the calls were recorded, as is required under California’s call recording law.
Continue Reading Utility Provider Settles Call Recording Lawsuit for $3.7 Million
Grove Pension Solutions Ltd is a UK-based company that helps people get “pension releases,” i.e. getting money out of their pensions. The company uses a vendor to conduct lead generation. That vendor would identify individuals who had given consent to get messages on a variety of third party websites (including for example, soapboxsurvey.co.uk). None of the individuals had a relationship with Grove, and the consents did not specifically name Grove. Grove sent almost 2 million messages to individuals following this process, after obtaining advice that doing so was compliant with applicable laws.
Continue Reading UK ICO Settles with Marketer Over Unsolicited Email Messages