Topic
Autodialing
155 published works
Workplace Privacy, Data Management & Security Report
California District Court – “Under TCPA Autodialer Must Generate Numbers”
One of the most complex issues under the Telephone Consumer Protection Act (TCPA) is determining whether the technology utilized qualifies as an "automatic telephone dialing system" (ATDS) or "autodialer." The…
Technology Law Dispatch
Applying a Plain Meaning Interpretation to ‘Automatic Telephone Dialing System,’ the Southern District of California Dismisses TCPA Class Action Lawsuit
By Christine Nielsen Czuprynski
This post was written by Raymond Y. Kim and Jack J. Gindi. On October 23, 2014, the U.S. District Court for the Southern District of California further clarified the federal Telephone…
Inside Privacy
Another Court Finds That an Automated SMS Platform is Not an ATDS
By Ani Gevorkian Last week, the U.S. District Court for the Southern District of California issued an opinion regarding the definition of an “Automatic Telephone Dialing System” (“ATDS”) under the…
The Data Advisor
Appellate Courts to Address What Constitutes an “Automatic Telephone Dialing System” Under the TCPA
During the past decade, there has been an explosion in class action litigation under the Telephone Consumer Protection Act (TCPA),1 a well-intended statute meant to address abusive telemarketing practices. As…
CommLaw Monitor
AT&T Mobility Agrees to Pay $45 Million to Settle TCPA Litigation
By Kelley Drye
On September 30, 2014, AT&T Mobility (“AT&T”) asked a U.S. District Court judge to approve a settlement agreement that would resolve a class action arising under the Telephone Consumer Protection…
Class Action Countermeasures
Typicality, Adequacy, and the Motion to Deny – Labou v. Cellco Partnership
By The Editors
In Labou v. Cellco Partnership, No. 2:13-cv-00844-MCE-EFB, 2014 U.S. Dist. LEXIS 26974 (E.D. Cal. Mar. 3, 2014), the named plaintiff sued cell phone company Verizon. She alleged that Verizon had…
Technology Law Dispatch
What Constitutes an Autodialer? The Debate Continues
This post was also written by Jack Gindi. A recent state court decision in California, and before it, a district court decision in Alabama, both found that equipment used to…
Inside Global Tech
Petitions to Forbear or Clarify New FCC TCPA Rules Filed
By Yaron Dori
Earlier today, two entities -- the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) -- filed petitions at the FCC asking the agency to stay and forbear…
Inside Global Tech
New Rules for Autodialed Promotional Text Messages and Prerecorded Call Programs Come Into Effect Oct. 16
By Yaron Dori
Last week, I spoke on a panel at the IAPP Privacy Academy about upcoming changes to FCC regulations governing the “prior express consent” requirement for, among other things, autodialed promotional…
Technology Law Dispatch
What a Difference a Year Makes; or Does It?
Almost a year ago, we posted a client alert saying that it looked like the FCC might be getting ready to issue some guidance on what constitutes an automatic telephone…