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Although there have not been any groundbreaking cases to start the new year, 2019 is off to a good start for the TCPA defense bar.  Several courts have denied class certification in putative TCPA class actions while other courts have granted dismissal or summary judgment for the defendants.  Below are the most notable cases for this review period. The decisions are listed by issue category in alphabetical order.…
No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois Today the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and injunctive relief under the Illinois Biometric Information Privacy Act (BIPA or the Act) 740 ILCS 14/1 et seq.  In Rosenbach v. Six Flags Entertainment Corp., the Court unanimously found that a plaintiff need only allege a technical violation of BIPA…
As we head into 2019, there are plenty of reasons for optimism in the TCPA defense bar. Courts nationwide have continued to interpret the ACA v. FCC ruling favorably to defendants at both the motion to dismiss and summary judgment stages, and there have been other positive TCPA decisions during the past month as well. But unfortunately, it is not all good news.  At least three courts have certified TCPA class actions in the past…
As 2018 comes to a close, there is no sign that the development of TCPA case law will be slowing any time soon. Since our last report in October, we have reviewed at least 75 new decisions discussing the TCPA in one way or another. Some cases, like Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC (which we discussed last week), make bigger news than others. But it’s important to keep tabs…
On November 1, 2018, the Federal Deposit Insurance Corporation (the “FDIC”) issued modifications to its Statement of Policy (“SOP”) for applications made under Section 19 of the Federal Deposit Insurance Act (“FDIA”).  The modifications are expected to reduce the number of Section 19 applications FDIC-supervised institutions must submit prior to submitting offers of employment. Background On January 8, 2018, the FDIC published in the Federal Register notice of proposed modifications and sought public comment.  On…
On October 31, 2018, the Board of Governors of the Federal Reserve System (the “Federal Reserve”), the Office of the Comptroller of the Currency (the “OCC”) and the Federal Deposit Insurance Corporation (the “FDIC”) issued a pair of proposals that would more closely match the regulations for large banking organizations, or banks with more than $100 billion in total consolidated assets, with their risk profiles.…
On October 16, 2018, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation and the Board of Governors of the Federal Reserve System (the “Agencies”) issued the Frequently Asked Questions on appraisal and evaluation functions (“FAQs”). …
It has now been more than four months since the GDPR was enacted, leaving corporations around the world grappling with the implications.  Bryan Clark recently offered some insights in Digital Journal’s “Q&A: Analyzing GDPR’s Impact So Far,” where he discussed the impact of GDPR on people and companies operating outside of Europe, similar privacy laws that may impact the U.S., how businesses can prepare for new privacy laws, and the impact on consumers.…