Topic
Text Messages
176 published works
eDiscovery Watch
Text Message Spoliation: Auto-Delete Setting May Lead to Legal Sanctions
Pending in the Southern District of Ohio, Safelite Group, Inc., v Nathaniel Lockridge et. al. reminds counsel of the importance of being active in the preservation process and reminds litigants…
eDiscovery Bytes
Episode 159: How the Default Settings for the Deletion of Text Messages Can Impact Sanctions
In Episode 159, Kelly Twigger discusses whether an individual is put on notice of litigation via letter, whether that implicates the duty to preserve, and whether the routine deletion of…
Ohio Employer Law Blog
Maybe don’t forge texts if you want to win a lawsuit?
Andrea Rossbach, a registered nurse working at Montefiore Medical Center, claimed that her supervisor, Norman Morales, sexually harassed her. In support of her claim, she relied on a series of…
Consumer Financial Services Law Monitor
Wisconsin Federal Court Finds that DNC Provision Extends to Text Messages
By Kevin Craig, Ethan G. Ostroff
On September 21, the Eastern District of Wisconsin denied a motion to partially dismiss a class action complaint alleging violations of the Telephone Consumer Protection Act (TCPA), holding that the…
eDiscovery Today Blog
Defendant Sanctioned for Text Message Deletion: eDiscovery Case Law
By Doug Austin
I normally start a case law post with a summary of the ruling. But since I’m traveling today, I thought I would try something new – have ChatGPT take a…
Consumer Financial Services Law Monitor
FCC Proposes New Rules for Revocation under the TCPA
By Rachel Ommerman, Virginia Bell Flynn, Chad R. Fuller, Sarah Siu, Alan D. Wingfield
On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the…
eDiscovery Watch
But What About the Text Messages? Part I
Text messages have been at the forefront of national news. Indeed, the controversial failure by the Department of Homeland Security (DHS) to preserve text messages related to the events of…
Inside Privacy
State Telemarketing Updates: Arizona, Washington, and Maryland
By Yaron Dori
This blog post summarizes recent telemarketing developments emerging from Arizona, Washington, and Maryland. Arizona recently amended its state telemarketing law to include a new text message restriction. Washington and Maryland…
LenderLaw Watch
FCC Proposes Rules To Block Illegal Text Messages and Close the “Lead Generator Loophole”
On February 23, 2023, the Federal Communications Commission (FCC) issued a Further Notice of Proposed Rulemaking (FNPRM) seeking public comment on proposed rules targeting unlawful text messages. If the proposed…
eDiscovery Today Blog
Production of All Calendar Items and Linear Review of Text Messages Request Denied: eDiscovery Case Law
By Doug Austin
In the case In re Diisocyanates Antitrust Litig., Pennsylvania District Judge W. Scott Hardy denied plaintiffs’ request for an order compelling production of all calendar items for approximately 45 custodians…