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AD-ttorneys@law – December 2020 #1 | BakerHostetler

Major Gaming Company Sued for Making Games Too Challenging Loot Boxes plus in-game skill adjustments perpetuate addictive behavior? Don’t Hate the Playa When does a pastime become an addiction? It’s one of the fundamental questions of contemporary life. Computer and console gaming not to mention the games available on our phones have become increasingly sophisticated and seem to be game-ifying many of our formerly quotidian experiences. And we’ve all heard the horror stories of people so mesmerized by their games that they expire in front of their screens or fail to feed their children. (If you think we’re joking, go ahead and google around a bit. There are plenty of gruesome IRL stories, and quite a few fake ones, too.)

Amy Grewal Dunn Litigation Lawyer Faegre Drinker Biddle & Reath

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FCC Clarifies That Government Contractors Must Obtain Prior Express Consent Under the TCPA | Wiley Rein LLP

Following the consequential Broadnet Declaratory Ruling, NCLC and PSC each filed petitions seeking reconsideration. The NCLC Petition argued that, among other things, federal contractors are “persons” under the TCPA and that the Broadnet Declaratory Ruling misinterpreted the Supreme Court’s holding in Campbell-Ewald Co. v. Gomez on that point. 4 The PSC Petition took issue with the Broadnet Declaratory Ruling to the extent that it required federal government contractors to meet an agency requirement to invoke TCPA immunity when making calls. Specifically, the PSC Petition asked the Commission to provide TCPA immunity to federal contractors “without regard for whether a common-law agency relationship exists” because “government contractors acting on behalf of the federal government and in accordance with the terms of a contract often are not considered agents of the government.”

In the Balance: Justices Weigh Canceling The Multi-Billion Dollar TCPA Boondoggle | Fox Rothschild LLP

To embed, copy and paste the code into your website or blog: “At what point do we simply say . . . this statute is an ill fit for current technology?” – Justice Clarence Thomas Nearly 3 decades before Zack Morris ascended to the fictional governorship of California, he was America’s best known Preppy the cool kid with politician hair toting the raddest, most cutting edge, must-have gizmo his Dad’s money could buy: a Motorola DynaTAC 8000X. Yes, I mean the “brick” phone. Standing 13 inches tall and weighing nearly 2 lbs., it was a marvel of its time. To say the now comically oversized “mobile” device is outmoded should offend no one. Moore’s Law may be on its death bed (if not already at an end), but it departs having made its mark over the last 30 years. Unceasing progress brought forward a technological milieu bearing almost no resemblance to the world of early 90’s Bayside High. Once-Jetsonian gadgets like portable CD players, VCRs, and camcorders began col

FCC Clarifies That Prohibitions on Robocalls Apply to Local Governments | Best Best & Krieger LLP

Telephone Consumer Protection Act and Public Agencies The FCC approved an Order on Reconsideration on Monday that clarifies that the Telephone Consumer Protection Act’s prohibition against robocalls applies to contractors working for federal, state or local governments, as well as local governments themselves. The Order became effective upon release, and it is not likely to change in a Biden Administration FCC, as the two Democratic commissioners took issue only with the rule not being applied to states as well as state contractors. While most automatic calls made by municipalities, school districts and special districts appear not to fit the type of prohibited calls under the FCC’s interpretation found at 47 CFR §64.1200, the FCC’s announcement could invite litigation as plaintiffs’ counsel seek to probe the limitations’ breadth. Also, given the increasing reliance on such communications during the pandemic, it’s important that public agencies are aware of the ruling

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