To embed, copy and paste the code into your website or blog:
Takeaway: We previously wrote that a number of district courts had split on whether to apply the Supreme Court’s personal jurisdictional ruling in
Bristol-Myers to class actions. We then wrote an update that the Seventh Circuit had addressed this issue in
Mussat v. IQVIA, 953 F.3d 441 (7th Cir. 2020), holding that
Bristol-Myers does not apply to a nationwide class action filed in federal court under a federal statute. The U.S. Supreme Court has now declined to review the Seventh Circuit’s ruling in
Mussat, keeping that decision in place for the time being.
Pandemic, privacy and the CX: What to prioritize in 2021 Pandemic, privacy and the CX: What to prioritize in 2021 Rich Smith, CMO of Jornaya, shares the impact the pandemic has had on consumer behavior and how digital marketers can adapt marketing strategies going into 2021.
Author
Categories
To fight a crowded digital marketplace, marketers will have to create hyper-personalized shopping experiences in 2021.
Leveraging behavioral data will enable marketers to keep up with changing consumer behavior as the pandemic continues to develop.
Marketers will need to consider current and future privacy regulations while developing strategies.
The pandemic created an unprecedented shopping environment in 2020, and as customer journeys have continued to evolve, businesses have had to shift their marketing strategy accordingly.
Advertisement TCPA Regulatory Update Busy End of 2020, Early 2021 as FCC Continues Traced Act Implementation & Takes Other Actions on Robocalls and Spoofing Monday, January 25, 2021
Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.
First, on December 29, the FCC adopted a Report and Order implementing Section 8 of the Act, which directs the Commission to ensure that any statutorily permitted exemption of calls from the prior express consent requirement of the Telephone Consumer Protection Act (“TCPA”) meets certain criteria and codifies certain other exemptions that comply with Section 8. Notably, the FCC chose not to alter the exemption that permitted wireless companies to text their own subscribers without prior express consent. The FCC also reviewed, among others, exemptions on non-telemarketing robocalls ma
ADVERTISEMENT
ADVERTISEMENT
Businesses Win Class Cert. In TCPA Suit Against Leasing Co.
Law360 (January 25, 2021, 4:02 PM EST) A furniture store and a proposed class have received certification in their lawsuit alleging an equipment lease financing company violated the Telephone Consumer Protection Act by sending businesses unsolicited fax advertisements, with the Michigan federal court deeming there was enough evidence to certify one of the plaintiffs proposed classes.
U.S. District Judge Gordon J. Quist rejected Alliance Funding Group s assertions that it had obtained fax numbers by its sales representatives cold calling businesses. Alliance only produced four pages of documents throughout discovery, the judge wrote, none of which fully documented the fax numbers the company contacted or proved the company actually obtained.
This article originally appeared in the American Bar Association Business Law Section s
Business Law Today publication on January 20, 2021.
On December 8, 2020, the U.S. Supreme Court heard oral arguments in
Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the autodialer definition adopted by the Telephone Consumer Protection Act (TCPA). The Court must resolve a split among federal appellate courts regarding that definition. While predicting the outcome of Supreme Court decisions based on oral argument is a risky venture, the likelihood of a decision in Facebook s favor, with a narrower autodialer interpretation, seems greater than a decision supporting Duguid.