Key Wireless Deadlines
NIST Requests Comment on its Mobile Device Security Practice Guide: The National Institute of Standards and Technology’s (NIST) National Cybersecurity Center of Excellence (NCCoE) seeks comment on a draft of NIST Cybersecurity Practice Guide SP 1800-22, titled “Mobile Device Security: Bring Your Own Device (BYOD).” The goal of this Practice Guide was to provide an example solution to help organizations use both a standards-based approach and commercially available technologies to help meet their security and privacy needs when permitting personally owned mobile devices to access enterprise resources. Comments are due by May 3.
FCC Requests Comment on the Bidding Procedures for the Auction of 2.5 GHz Band Licenses: The Federal Communications Commission (FCC or Commission) seeks comment via Public Notice on the proposed auction procedures for bidding to acquire licenses in Auction 108, which will offer approximately 8,300 geographic overlay license
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The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that common-law tort claims regarding errant faxes arose out of the Telephone Consumer Protection Act (TCPA) so as to trigger an exclusion in the relevant insurance policy.
Mesa Labs., Inc. v. Fed. Ins. Co., 2021 WL 1538230 (7th Cir. Apr. 20, 2021). The Court held that because the tort claims arose out of the same conduct as the statutory claims, which were clearly barred by the exclusion, the exclusion applied to the entire underlying lawsuit, and there was no duty to defend.
Klein Moynihan Turco LLP
The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers.
Global Advertising Lawyers Alliance (GALA)
With the launch of iOS 14.5 slated for next week, Apple s long-awaited changes to the use of its persistent identifier known as the Identifier for Advertisers (IDFA).
Kelley Drye & Warren LLP
In recent years, plaintiffs attorneys have found that filing website accessibility cases can be a lucrative business model.
Klein Moynihan Turco LLP
If you re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA).
Introduction
Uncertainty over the definition of an automatic telephone dialing system (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) has fueled a steady flow of litigation for over a decade. Last year, four federal courts of appeals addressed the issue, with no consensus on the proper scope of the statutory definition. In
Facebook, Inc. v. Duguid, a unanimous Supreme Court resolves the longstanding dispute over the autodialer definition and provides much-needed clarity for businesses and consumers. The decision is a significant victory for compliance-minded companies that have faced years of unwarranted class-action litigation over their efforts to contact consumers by phone and text message.
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Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), with an eye towards reigning in robocalls and other abusive telemarketing practices of the time. Thirty years later, the TCPA still stands, prohibiting calls to consumers on the nationally curated ”do not call” list, and restricting the use of certain technologies, including autodialers or, technically speaking, “automatic telephone dialing systems” (ATDS). Paired with a per-call statutory damages scheme and a class action device, the TCPA has become a potent weapon in the plaintiff’s arsenal, with autodialers and those who use them being the favored targets at least until recently when, on April 1, 2021, the Supreme Court decided what is and what is not an autodialer under the statute.