In a motion filed in a putative class action pending in California, Facebook, Inc. seeks to dismiss claims under the Telephone Consumer Protection Act, arguing, among other things, that the TCPA as applied to Facebook’s “status update” text messages is unconstitutional. The plaintiff in Holt v. Facebook, Inc., No. 3:16-cv-02266-JST (N.D. Cal.),
HIMSS Cybersecurity Call to Action – The Health Sector is the Target
On October 26, 2016 HIMSS, the leading organization in the US for health information technology and data management, issued a Call to Action for the healthcare industry to work together with cybersecurity experts from different sectors to enhance the preparedness of the healthcare industry to the imminent threat of cyber-attacks. The Call to Action reinforces
TransUnion Bid to Decertify FCRA Classes Denied
Last week, a district court in the Northern District of California denied TransUnion LLC’s motion to decertify a Fair Credit Reporting Act class action that was certified prior to the Supreme Court’s 2016 Spokeo ruling. The class action case accused TransUnion of including inaccurate information on its consumer reports as well as failing to comply
Data Privacy: The Current Legal Landscape
Data Privacy Professionals:
Navigating the rapidly shifting contours of data privacy law demands a pragmatic approach. To that end, we hope you benefited from our inaugural publication. Like our prior editions, this quarterly update provides practitioners with functional issue-spotting guidance for application in the evolving data privacy and cybersecurity arenas. The results and analyses discussed
Join Us at the Third Party Payment Processors Association Executive Summit
We are pleased to announce that Troutman Sanders partners Keith Barnett and Ashley Taylor will be featured speakers at the annual Third Party Payment Processors Association (TPPPA) Executive Summit on November 9-11 at the Phoenician in Scottsdale, Arizona.
Keith and Ashley will provide an update on the legal and regulatory environment in the payment processing
FTC to Host Identity Theft Conference
On May 24, 2017, the Federal Trade Commission will host an all-day conference in Washington, D.C., examining the state of identity theft and how it may evolve in the future. The conference, titled “Planning for the Future,” corresponds to the ten-year anniversary of the creation of the Identity Theft Task Force, which is co-chaired by
Join Us on November 10 for a Discussion on Spokeo
Join Troutman Sanders partners David N. Anthony and Ronald I. Raether, Jr. for a complimentary webinar discussion on November 10 at 12:00 noon EST on the Spokeo Inc. v. Robins case which was decided by the United States Supreme Court on May 16, 2016. Troutman Sanders has been following this case throughout its lifecycle and
TD Bank USA Escapes State Law Credit Reporting Class Action
On October 24, the Middle District of Pennsylvania dismissed a putative class action against TD Bank USA, holding that the plaintiff’s state law claims were preempted by the Fair Credit Reporting Act. The case is Prukala v. TD Bank United States, 2016 U.S. Dist. LEXIS 146614 (M.D. Pa. October 24, 2016).
Plaintiff Michael Prukala
TCPA Case Survives Spokeo Motion to Dismiss
On October 19, the United States District Court for the District of New Mexico denied defendants’ motion to dismiss a TCPA putative class action on Spokeo grounds.
In LaVigne v. First Community Bancshares, Inc., et al., the plaintiff contends that the defendants called her on her cell phone approximately 195 to 265 times using
FTC Secures Temporary Injunction Against “Tech Support” Companies
The FTC has filed a complaint and secured a temporary injunction against five companies and their owners, alleging use of deceptive practices to trick consumers into purchasing unneeded technology services for their computers.
As detailed in the complaint, the FTC alleges that the scheme worked as follows: a pop-up ad would appear on a consumer’s