Topic
Text Messages
176 published works
Consumer Financial Services Law Monitor
Washington State Appellate Court Holds Unsolicited Recruitment Texts Violate CEMA
By Brooke Conkle, Ethan G. Ostroff
On September 15, the Court of Appeals of the State of Washington reversed a lower court's decision in Aaland v. CRST Home Solutions, LLC (CRST), holding that unsolicited text messages…
TCPA Blog
Second Court Rules Do-Not-Call Regulation Does Not Apply to Text Messages
By Michael P. Daly, Emanuel L. McMiller
A Florida federal court recently dismissed Do-Not-Call claims, holding that “a text message is not a ‘telephone call.’” Davis v. CVS Pharm., Inc., No. 24-0477, 2025 WL 2491195 (N.D. Fla.…
All About Advertising Law
Compliance Deadline of September 1 for Companies Sending Texts: Telemarketing Registration in Texas
By Shahin O. Rothermel, Ellen T. Berge
Texas’s amended telemarketing registration law takes effect on September 1. Although the law is not new, the legislature expanded it to apply to text messages. Under Texas’s existing law, a…
eDiscovery Today Blog
Stunningly Derelict Attempt to Preserve Test Messages Leads to Sanctions for Charles Oakley: eDiscovery Case Law
By Doug Austin
In Oakley v. MSG Networks, Inc. US Circuit Judge Richard J. Sullivan, finding Plaintiff Charles Oakley’s “failure to take any steps whatsoever to preserve his text messages is ‘so stunningly…
TCPA Blog
District Court Limits the Impact of a “Stop” Text
By Paul A. Rosenthal, Andrew C. Scarafile
The Northern District of Illinois recently validated a company’s narrow interpretation for the scope of communications a party opts out of when it revokes consent under 47 C.F.R. § 64.1200(d).…
Financial Services Perspectives
A New Era for TCPA Litigation: Conflicting Rulings on Text Messages and Do-Not-Call Rule
The Supreme Court’s June 2025 decision in McLaughlin Chiropractic Associates v. McKesson Corp. has upended the long-settled framework for Telephone Consumer Protection Act (TCPA) compliance and litigation. As we discussed…
EvidenceProf Blog
Supreme Court of Georgia Finds Testimony About Text Messages Didn’t Violate Best Evidence Rule
By Colin Miller
Similar to its federal counterpart, Section 24-10-1004(1) of the Georgia Code provides thatThe original shall not be required and other evidence of the contents of a writing, recording, or photograph…
eDiscovery Watch
Navigating Text Messages in Discovery
In We The Protesters, Inc., et al., v. Sinyangwe et. Al, the Southern District of New York was recently called upon to resolve a discovery dispute that, according to the…
eDiscovery Bytes
Episode 165: Can You Redact Text Messages for Relevance in Discovery? Insights for Litigators
In Episode 165, Kelly Twigger discusses the crucial question of whether a party can redact text messages for relevance absent an agreement between the parties and review a key discussion…
eDiscovery Today Blog
Produce Unredacted Versions of Non-Privileged Text Messages, Says Court: eDiscovery Case Law
By Doug Austin
In We the Protesters, Inc. v. Sinyangwe, New York Magistrate Judge Gary Stein, noting the parties agreement regarding discovery of text messages was “less than complete”, ordered that “Plaintiffs must…