Federal Communications Commission Chair Jessica Ronsenworcel recently announced a proposed directive to focus the FCC on AI’s burgeoning role in scam calls, particularly those targeting the elderly. The proposal will be presented at the November 15 commission meeting and would direct research into the strengths and weaknesses of generative AI, the role that AI plays
Telephone Consumer Protection Act
Court Denies GrubHub’s Motion to Dismiss in TCPA Class Action
The U.S. District Court for the Northern District of Illinois denied a motion to dismiss a class action for allegations that GrubHub, Inc. violated the Telephone Consumer Protection Act (TCPA). The plaintiff alleged that she received a series of robocalls from GrubHub, even though she asked to be put on the do-not-call list more than…
FCC Imposes its Largest Fine to Date for Robocalls in Violation of the TCPA
This week the Federal Communications Commission (FCC) proposed its highest financial penalty against lobbyist and political consultant group, John M. Burkman, Jacob Alexander Wohl, and J.M. Burkman & Associates LLC (the Group), for allegedly making over 1,000 robocalls to voters without obtaining prior express consent as required by the Telephone Consumer Protection Act (TCPA). The…
Eleventh Circuit Says Invasion-of-Privacy Exclusion Bars Coverage of Class Action Settlement
Last week, the Eleventh Circuit held that an invasion-of-privacy exclusion in an insured’s policy barred coverage and that Liberty Insurance Underwriters Inc. did not have to cover the $60.4 million settlement of a class action against the insured, iCan Benefit Group LLC (iCan), for sending robotexts in alleged violation of the Telephone Consumer Protection Act.…
Privacy Tip #285 – FTC Warns of Increase in Illegal Auto Warranty Robocalls
Robocalls continue to be irritating and their increased frequency is distracting and exhausting, at least in my experience. We can usually spot them when our caller ID says “potential spam” or if we don’t recognize the number, but robocallers are getting more sophisticated, just like other scammers.
A frequent and increased scam is one alleging…
Supreme Court’s Decision in Facebook Litigation Narrows the Scope of the TCPA
At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act (TCPA), a device must have the capacity…
FCC Ruling Carves Out Exception for Certain Clinical Trial Calls Under the TCPA
Recently, the Federal Communications Commission (FCC) clarified that a call made using artificial or pre-recorded voice to a residential telephone line for the SOLE purpose of identifying individuals to participate in a clinical trial is exempt from the Telephone Consumer Protection Act (TCPA) “prior express written consent” requirement, provided that:
- The call does not include
…
ViSalus to Pay $925 Million Award for Alleged TCPA Violations
Last month, an Oregon federal judge refused ViSalus’ request to decrease the $925 million jury award against it for its alleged violations of the Telephone Consumer Protection Act (TCPA). ViSalus, a health supplement maker, allegedly made approximately 1.8 million unsolicited robocalls. This award came after ViSalus decided not to settle the class action and face…
Privacy Tip #232 – Spam Phone Calls Rampant for Remote Workers
For those of us who work outside of the home during normal times, we know when we are home on the weekends not to answer our home telephone unless we recognize the number or caller. The same is, of course, true for our mobile phones. If the caller is someone we know, they will leave…
Questions to Consider Asking Your Broker About Cyberliability Coverage
One of the first questions we ask our clients when they call about a security incident is whether they have insurance that may cover the costs associated with investigating the incident, potential forensic analysis, and coverage for a data breach. Sometimes the client will say “Yes, we have cyber coverage.” However, when reviewing the coverage…