Many had hoped that the summer of 2020 might bring the end of the TCPA as we know it, by way of the Supreme Court’s decision in Barr v. American Association of Political Consultants. Of course, that’s not how things played out. The government-backed debt exception is dead, but the rest of the TCPA is still very much alive. And while the pace of litigation has slowed because of the ongoing COVID-19 pandemic, TCPA decisions continue to roll in and there have been new developments before the FCC. We reviewed the TCPA cases published and other developments since our last update and compiled the most noteworthy items, listed below by issue category in alphabetical order. Continue Reading TCPA Turnstile: No summer vacation for the TCPA defense bar (TCPA Case Update Vol. 13)
Last month, the California Attorney General approved the final set of regulations interpreting the requirements of the California Consumer Privacy Act (Cal. Civ. Code Sections 1798.100 et seq.) (the “CCPA”).
What does it include?
Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA jurisprudence as we know it. While we wait for a Supreme Court decision, the oral argument made a few things clear:
“Should we do a Zoom?” It has taken little more than a month for the Zoom video conference platform to take its place among the likes of Google, Kleenex and Xerox as brand names synonymous with the product or service being offered. But with that name recognition comes scrutiny, and Zoom is getting plenty. The privacy and security issues associated with Zoom have been well-documented. As a result, Zoom is now facing class action lawsuits from both shareholders and users. And the use of Zoom (and other platforms) can raise ethics issues for lawyers.
We’re a quarter of the way through 2020 — even if March may have seemed liked several years unto itself — and it is shaping up to be another big year for TCPA litigation. We’ve gone through the dozens of TCPA decisions published this year and identified the five most notable cases and storylines that we will be following closely for the rest of 2020.
Smart companies have been worried about data security for years—no one wants to be in the headlines as the next big company to have a breach, the next corporation to face a class action lawsuit or the next business facing federal or state regulatory scrutiny. It’s only heightened in recent years as companies faced new regulations imposed by the GDPR and the CCPA. Well, things are not getting any better in 2020—now an increasing number of municipalities are getting in on the act.
San Francisco was the first city to have this awakening in 2017. In response to the Equifax data breach on September 7, 2017, San Francisco filed claims against Equifax under California’s Unfair Competition Law (UCL). A few months later, Los Angeles brought a similar lawsuit against Uber claiming that the company paid hackers to delete stolen data and failed to notify consumers of the breach in violation of the UCL. But most state statutes do not give cities standing to bring lawsuits.
The California Consumer Privacy Act (the “CCPA”), as initially passed, was the hastily-drafted alternative to an even more stringent ballot initiative, resulting in a seemingly endless list of open questions about how it would be interpreted and enforced. Since its passage on June 28, 2018, privacy pundits around the nation have opined about the meaning of the first domestic privacy regulation reminiscent of its European cousin, the GDPR.
In response, the California legislature entered its 2019 session considering a whopping 19 possible amendment bills to the CCPA. When the dust settled, seven of those bills were signed into law.
Perhaps not surprisingly, there was no vacation this summer for TCPA litigation. We already addressed the 11th Circuit’s big decision on Article III standing in Salcedo. But we’ve also combed through the 150+ TCPA-related decisions over the summer to keep you apprised of the latest developments in this area of the law. We’ve compiled the most noteworthy decisions since our last report, and they’re listed below by issue category in alphabetical order.
For the vast majority of Americans, receiving a single unsolicited text message is a mere annoyance that does not warrant a federal lawsuit. But spurred by the language of the TCPA and a series of judicial decisions nationwide, a cottage industry has sprung up around filing putative class action lawsuits centered around this sort of alleged “harm.” Last week, the 11th Circuit dealt a significant blow to such cases, finding that receipt of a single unsolicited text message in violation of the TCPA is not sufficient to establish standing.
The volume of TCPA cases nationwide makes it incredibly difficult to keep up with all of the latest developments. Who wants to engage in the tedious task of reading more than 100 published decisions related to the TCPA several times a year? Lucky for you, the answer is us! We have once again taken on the burden of slogging through the swampy flood of TCPA cases nationwide, so you don’t have to. We have compiled the most noteworthy decisions since our last report, and they are listed below by issue category in alphabetical order.