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Articles by Ernesto Mendieta
Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List | JD Supra
Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this very question. In Allan v. Penn. Higher Educ. Assistance Agency, Case No. 19-2043 (6th Circ. July 29, 2020), the Sixth Circuit held that “the plain text of [47 U.S.C.] §227, read in its entirety, makes it clear that devices that dial from a stored list of numbers” qualify as an ATDS.
Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List
July 30, 2020 Coronavirus: Comparing the Tax Proposals in the HEALS and HEROES Acts by: David S Miller and Sean Webb DHS Limits Scope of DACA—No New Applications, Restrictions on Advance... by: Katherine C. MacIlwaine Evers issues statewide mask order for Wisconsin by: Margaret R. Kurlinski and Zachary Bemis Plaintiff is Denied Prejudgment Interest Motion Against Credit One by: Jason M. Ingber U.S. Court Assistance with Foreign Arbitration Discovery: Should it,... by: Elizabeth B.
FCC Adopts New Rules with Safe Harbors for Blocking Robocalls | JD Supra
Continuing with its efforts against illegal robocalling, the Federal Communications Commission (FCC) adopted rules to further encourage phone companies to block illegal and unwanted robocalls before they reach consumers.
Supreme Court Will Review ATDS Definition | JD Supra
In a decision that may have profound importance for TCPA litigation, the Supreme Court announced yesterday that it had granted the petition for writ of certiorari in the case Facebook v. Duguid, where the Court will review the question of what constitutes an autodialer under the TCPA. The Justices will seek to give clarity on the definition of an autodialer and solve the current Circuit split that has substantially impacted the TCPA landscape across the country.
SCOTUS Will Review Definition of ATDS for Facebook v. Duguid
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands | JD Supra
Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it. Instead, the Court struck down a narrow exception to the TCPA, known as the government-back debt exception.
BREAKING: FCC Clarifies that Only Limited Pandemic-Related Robocalls and Texts are Eligible for the “Emergency Exception” under TCPA
Saturday, March 21, 2020 The FCC has issued a Declaratory Ruling assuring public health authorities that the COVID-19 pandemic, also referred to as the Coronavirus, constitutes an “emergency” under the Telephone Consumer Protection Act. As recently discussed in our blog, the TCPA specifically excludes calls “made for emergency purposes.” 47 U.S.C. § 227(b)(1)(A).
FCC Proposes Over $200 Million In Fines To AT&T, Verizon, T-Mobile And Sprint For Not Protecting Customers' Location Data
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FCC Proposes Over $200 Million in Fines to AT&T, Verizon, T-Mobile and Sprint for Not Protecting Customers’ Location Data
March 09, 2020 Coronavirus and its Implications for Government Contractors by: Scott F. Roybal and Laura A. Alexander CFIUS Regulations and FIRRMA Updates: Proposed CFIUS Filing Fees... by: Kara M. Bombach and Cyril T. Brennan EPA Expediting Emerging Viral Pathogens Claim Submissions by: Lisa M. Campbell and Heather F. Collins Breach of Fiduciary Duty and Negligent Misrepresentation Is Not... by: Larry P.
FCC Inches Forward with Creation of Reassigned Numbers Database; Seeks Comments on Technical Requirements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FCC Seeks Industry Comments Regarding Call Blocking
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
FCC Seeks Industry Comments Regarding Call Blocking | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Privacy at the Border: Reasonable Suspicion Required to Search Electronic Devices
Tuesday, November 19, 2019 While you still need to take extra precautions for privacy when entering or leaving the U.S., it seems that border agents no longer have complete discretion to search your phone and computer. In a change to effective search policy, border agents need to establish reasons for suspicion of your unlawful intent before insisting to search your electronics.
FCC Seeks Comments Whether Opt-Out Follow-Up Texts Violate TCPA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FCC Seeks Comments Whether Opt-Out Follow-Up Texts Violate TCPA
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Court enforces Arbitration Clause in Clickwrap Agreement of “Ganjapreneur” App | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Court enforces Arbitration Clause in Clickwrap Agreement of “Ganjapreneur” App
Thursday, October 24, 2019 A California Court granted Defendant’s motion to compel arbitration based on a duly formed and consented arbitration clause via a “clickwrap” agreement, despite Plaintiff’s argument that no contract was ever formed because the purpose of the contract was to facilitate the selling and distribution of marijuana, which is illegal under federal law. Williams v. Eaze Solutions, 2019 U.S. Dist. LEXIS 182942 (N.D. Ca. Oct 21, 2019).
State Attorneys General and Voice Service Providers Agree on Anti-Robocall Principles | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
First Circuit Concludes that Hybrid Cellular-VoIP Telephone Numbers Are Subject to TCPA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CCPA Creates Possible Dilemmas for Companies Sending Text Messages. Is Your Business Ready? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
One Star Rating: Court Denies Uber’s Motion to Compel Arbitration after Failing to Authenticate Agreement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
One Star Rating: Court Denies Uber’s Motion to Compel Arbitration after Failing to Authenticate Agreement
Wednesday, June 19, 2019 A District Court in California denied Uber’s motion to arbitrate a TCPA class action claim after the ride-sharing company failed to authenticate the information from its database that allegedly confirmed the arbitration agreement. In Re Uber Text Messaging, No. 4:18-cv-02931, 2019 U.S. Dist. LEXIS 102007 (N.D. Cal.
FCC Will Host Call Authentication Summit in July 2019
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers
Friday, April 12, 2019 On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by electronic communication or remote computing service providers, including location information.
Navient Wins Summary Judgment: Court Confirms Calls to Collect Government-Backed Debt Exempt From TCPA
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Stopping Bad Robocalls Act Re-Introduced to Strengthen TCPA
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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