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Judge tosses TCPA action, AOL not in violation

By Kathryn Rattigan on June 4, 2015
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On May 29, 2015, U.S. District Court Judge Ronald M. Whyte tossed out a Telephone Consumer Protection Act (TCPA) claim against AOL, Inc. (AOL) because he found that the TCPA regulations did not apply to the messages received by the plaintiff.

Plaintiff, Nicholas Derby, filed his complaint back in February 2014, alleging that an unnamed individual accidently sent him three text messages through AOL instant messenger, which he believed constituted an automated telephone dialing system message, which is prohibited by the TCPA without first obtaining consent. Derby also claimed that AOL violated the TCPA because the company sent him an automated reply to a text message it received from Derby requesting that the user who was erroneously texting him be blocked from messaging Derby. Derby was seeking an injunction and $500 per violation. However, Judge Whyte said in his opinion, “As to the initial three texts, there was sufficient human intervention to remove them from the scope of TCPA liability. Second, the TCPA does not impose liability for confirmation texts like those alleged in the complaint.” This is a success not only for AOL but for other companies whose services involve human interaction and automated text message replies to consumer text messages.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Technology and AI
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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