The Seventh Circuit has become the first federal circuit court of appeals to address whether the TCPA’s Do-Not-Call provision, 47 U.S.C. § 227(c)(5), creates a private right of action for unwanted text messages, holding that it does not and that
Faegre Drinker Biddle & Reath
Faegre Drinker Biddle & Reath LLP is an international firm providing a range of services including litigation, regulation, and business services to companies of all sizes.
Website:
https://enforcementhighlights.com/
Latest from Faegre Drinker Biddle & Reath - Page 2
New York’s Beauty Justice Act: Sweeping Changes Proposed for Cosmetics and Personal Care Products
New York lawmakers are advancing the Beauty Justice Act, one of the most comprehensive state-level efforts in the country to regulate cosmetics and personal care products. For in-house counsel at cosmetics and personal care companies, the bill is worth tracking…
Defendants’ Alleged Self-Identification and the Rule 12(b)(6) Pleading Standard
The Northern District of California recently let most of a plaintiff’s TCPA claims survive a motion to dismiss, a timely reminder of the federal courts’ plausibility standard. The case is Koeller v. TD Synnex Corp., No. 26-1102, 2026 WL 1963045…
What’s the Catch? Interpreting the “Catch-All” Provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
The Supreme Court of Pennsylvania recently ruled that a product vendor’s silence is not deceptive when the vendor has no duty to speak. The “catch-all” provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) prohibits vendors of goods…
Southern District of Ohio Finds No Private Right of Action for Caller ID Violations
Among its various restrictions, the TCPA makes it unlawful “to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.” 47 U.S.C. § 227(e)(1). A single violation…
Transposing the EU’s New Product Liability Directive: A Member State Progress Report
Even in the areas where the Product Liability Directive aims for full harmonisation, the EU member states’ early legislative activity reveals notable differences in implementation. Companies should continue to monitor national transposition closely and begin preparing for the new regime.…
New Proposed Rules Would Allow Employers to Offer Fertility Benefits as “Excepted Benefits” Outside Their Major Medical Plans
On May 13, 2026, the Departments of Treasury, Labor, and Health and Human Services jointly published proposed regulations that would establish a new category of “limited excepted benefits” for fertility-related coverage under Employee Retirement Income Security Act of 1974 (ERISA),…
Minnesota Secure Choice: What Employers Need to Know as Compliance Deadlines Approach
By Cynthia Lee & Inés Sosa
Treat Your AI Like an Opposing Expert: Rule 702 Lessons for Evaluating AI Output
Attorneys using generative AI can borrow a familiar litigation skill: Evaluate AI-generated output the way they would evaluate an opposing expert witness opinion under Federal Rule of Evidence 702. An expert witness cannot simply “waltz into the courtroom and render…
Can AI Prompting Satisfy the Copyright Office’s Human Authorship Requirement?
After the Supreme Court declined to hear the case Thaler v. Perlmutter, it appears settled that AI “cannot be the recognized author of a copyrighted work.”1 But to what extent can a human obtain copyright protection for a work they…