On August 22, a panel of the Ninth Circuit unanimously rejected Facebook, Inc.’s petition for rehearing of the Court’s June 13 decision, which reversed the dismissal of a putative class action alleging violations of the Telephone Consumer Protection Act. This opens the door for Facebook to attempt have the Supreme Court rule on whether

In Brooks v. The Kroger Co., No. 3:19-cv-00106 (S.D. Cal. Aug. 12, 2019), Judge Anthony J. Battagalia found that automated calls from grocery retailer The Kroger Company warning about salmonella fit within the emergency exception to the Telephone Consumer Protection Act.

Plaintiff Derrick Brooks claimed that Kroger called him “for marketing purposes” using an

On August 12, the California Supreme Court answered a certified question from the Ninth Circuit, holding in White v. Square, Inc. that a person has standing under the California Unruh Civil Rights Act (“Unruh”) to sue an internet-based service provider for an alleged discriminatory policy even if the person does not use or subscribe to

This month, in Charvat v. LE Energy, LLC, No. 2:19-cv-1325, 2019 WL 3891830 (S.D. Ohio Aug. 19, 2019), an Ohio district court judge denied a defendant’s motion to dismiss a plaintiff’s allegation of violation of the Telephone Consumer Protection Act when an unidentified entity placed a telemarketing call to the plaintiff’s residential phone number,

On August 21, the Federal Trade Commission approved a final consent order settling charges that SecurTest, Inc., a background screening company, falsely claimed to be in compliance with international privacy frameworks. 

The EU-U.S. and Swiss-U.S. Privacy Shield frameworks establish standards for the transfer of consumer data from European Union countries and Switzerland to the United

On August 22, state attorneys general from all fifty states and the District of Columbia, in conjunction with large telecom companies, unveiled a new agreement to combat robocalls. This is the latest step from the government and the telecom industry to address this growing problem as Americans get nearly 5 billion automated calls every month.

On August 14, the Consumer Financial Protection Bureau, along with the Office of the Arkansas Attorney General, filed a proposed settlement with Andrew Gamber, Voyager Financial, and SoBell (collectively “Defendants”). This settlement follows a complaint the CFPB and Arkansas filed against Defendants in the United States District Court for the Eastern District of Arkansas, alleging

On August 1, a three-judge panel of the New Jersey Appellate Division affirmed a $40 million jury award to investment firm NuWave Investment Corporation for reputation damage by an allegedly inaccurate and defamatory background report issued by First Advantage Litigation Consulting LLC. Court records indicated that the allegedly offending information in the report issued by

This month a Pennsylvania district court judge granted summary judgment in favor of a defendant accused of violating the Telephone Consumer Protection Act, finding that despite the fact that the defendant used a predictive dialer, that dialer was not an automated telephone dialing system, or “ATDS,” as required to establish liability.

In Smith v. Navient

On August 9, 2019, Illinois Governor J. B. Pritzker signed into law first-of-its-kind legislation regulating the use of artificial intelligence (AI) in Illinois.  As previously reported by Troutman Sanders on June 26, 2019, the Illinois legislature, in what has been described as the most momentous legislative session in decades, passed the privacy statute