Active Prospect News Today

Federal Communications Commission FCC issued a notice permitting the carriers to block calls from following unsatisfactory Industry Traceback Group ITG ticket respon

The California Invasion of Privacy Act CIPA is a statute in California’s Penal Code that contains civil right of action including statutory damages of up to $5,000.00 per violation. CIPA prohibits recording phone calls without consent, web session recording, and more.

Goodyear Tire lost its motion to transfer venue and motion to dismiss out in Central District of California on February 3, 2023 in Arisha Byars v. The Goodyear Tire and Rubber Company. Recording chat boxes is considered as wiretapping under CIPA by the Court here.

The Javier district court ruled directly that the use of third-party web session replay technology DOES constitute wiretapping under CIPA. Plaintiff alleges a real-time monitoring of information by a third-party, the CIPA limitations have been triggered.

ActiveProspect achieved partial win in Javier v. Assurance IQ, with motion to dismiss granted because plaintiff failed to plead facts necessary for invoking delayed discovery doctrine. Plaintiff was aware of his injuries in January 2019, 1 year statute of limitations passed

ActiveProspect and What If Holdings, LLC, recently won their motion to dismiss Plaintiff’s complaint for violations of the wiretapping provision of CIPA, California’s Unfair Competition Law, and right to privacy under the California Constitution.

According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of...

Ninth Circuit’s new ruling in Berman is a critical decision that appears to change or at least clarify the rules around using webform disclosures. For Javier vs. Active TrustedForm may constitute wire tapping under California law, and development in ATDS functionalities

Plaintiff bar shouldn't be bullish on applying California Penal Code 631 to website visits, defense bar will find footing. Website operators likely safe to record information about traffic but not secretly monitor web traffic, record keystrokes, monetize non-anonymized data.

Federal Trade Commission FTC new prorposed rules and fines for Record Keeping of Do Not Call Registry the Format Need as Proof of Consent -Commission proposestelemarketers to maintain records of that consumer’s name, phone number, a copy of the consent requested , a copy of the consent provided, the date provided consent, and the purpose for which consent was given