Searching Content indexed under Telecoms, Mobile & Cable Communications by Fenwick & West LLP ordered by Published Date Descending.
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Email's Nine Lives
The original impetus was this AP article in which I had been quoted about missing White House emails during George W. Bush's administration.
United States
16 May 2019
Online Publishers Beware: An iPhone Snap May Go Viral, But Unauthorized Commercial Use Is Still Not Fair Use
When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party.
United States
24 Jan 2019
Ninth Circuit Adopts Expansive Definition of Auto-Dialer In TCPA Case
In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an automatic telephone dialing system—or ATDS—under the Telephone Consumer Protection Act.
United States
3 Oct 2018
DC Circuit Offers Companies Measure Of Relief From FCC's 2015 Omnibus TCPA Ruling
The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission's 2015...
United States
23 Mar 2018
The Third Circuit Holds That A TCPA Violation Alone Is Sufficient To Establish Standing
The U.S. Court of Appeals for the Third Circuit has held that allegations that a customer received a single, unauthorized prerecorded sales voice mail on her cell phone in violation of the Telephone Consumer Protection Act...
United States
25 Jul 2017
Second Circuit Holds Consumers Cannot Revoke Consent Given As Consideration In Bilateral Contract In TCPA Case
The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot...
United States
10 Jul 2017
Litigation Alert: The Ninth Circuit Holds That A Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish Standing
The TCPA of 1991 makes it "unlawful… to use any telephone facsimile machine, computer, or other device to send, to a telephone, facsimile machine, an unsolicited advertisement…
United States
15 Feb 2017
The FCC Enforcement Bureau Advises That Text Message Senders Must Comply With The Telephone Consumer Protection Act
On November 18, 2016, the FCC Enforcement Bureau issued an Advisory declaring that autodialed text messages, also known as robotexts, must comply with the requirements set forth in the TCPA.
United States
30 Nov 2016
The Eighth Circuit Applies Spokeo To Reject Standing For Technical Violation Of Privacy Statute
Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case.
United States
14 Sep 2016
Digital Health Care Alert: Is Your Health Care App Subject To HIPAA?
The U.S. Department of Health & Human Services' Office for Civil Rights recently provided guidance (in the form of six "real-life" scenarios) to help health care app developers...
United States
11 Apr 2016
FCC Issues Controversial TCPA Order Further Expanding Definition Of Autodialer, Providing Limited Protections To App Developers
On July 10, 2015, the Federal Communications Commission ("FCC") issued a much-anticipated Declaratory Ruling and Order ("Order") resolving 21 petitions concerning the Telephone Consumer Protection Act ("TCPA").
United States
16 Jul 2015
Federal Trade Commission Recommendations for Companies Providing Mobile Shopping Applications
The FTC Report is based on a study the FTC conducted to better understand the consumer protection implications of mobile consumer shopping applications.
United States
12 Aug 2014
Here's My Number, So Text Me Maybe
In our increasingly cellphone-dependent world, most consumers are familiar with the feeling of relief that comes from receiving an appointment reminder.
United States
24 Apr 2014
FCC TCPA Ruling Provides Guidance On Mobile App Messaging
The Federal Communications Commission issued a Declaratory Ruling interpreting the TCPA as it relates to prerecorded and autodialed calls to cellular phones.
United States
16 Apr 2014
The Future Of Digital Health: Takeaways From Fenwick's 2013 Digital Health Investor Summit (Video Content)
Fenwick & West hosted its annual Digital Health Investor Summit, bringing together investors, entrepreneurs and innovators interested in digital health.
United States
9 Apr 2014
Litigation Alert: FCC Changes To The Telephone Consumer Protection Act Take Effect October 16
Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s rules implementing the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227.
United States
9 Oct 2013
Unique Privacy Concerns For Mobile Apps
With the rise of BaaS platforms, it is easier than ever to create a mobile app on the fly.
United States
30 May 2013
California Attorney General Announces Principles Of Mobile Privacy; Mobile Platform Developers Are Onboard
On Wednesday, February 22, 2012, California’s Attorney General, along with the six leading mobile application platform developers, released a "Joint Statement of Principles" pertaining to privacy in the mobile space.
United States
14 Mar 2012
The Necessity Of eGovernment
This paper presents the positive and negative impact information technology (IT) has had on governance in the United States and argues that effective and efficient eGovernment is a necessity created by the increased and widespread use of IT in the private sector.
United States
26 Jun 2009
Fenwick Employment Brief – January 2007
Although employee misuse of the internet is still rife with potential liability for employers, a recent California appellate court decision reduces the risk, at least as to one potential source of liability: the federal Communications Decency Act ("CDA").
United States
1 Feb 2007
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