Author Archives

Nicole Y. Su

Two First-in-the-Nation Holdings by Lower Court: Minnesota District Court Declines to Follow Marks and Finds That Caller Had the Right to Reasonably Rely Upon Consent of the Prior Subscriber in Reassigned Number Case

Hold on to your britches everyone. A court in the District of Minnesota just issued a summary judgment ruling with two first-in-the-nation holdings. The first, that the Third Circuit’s holding in Dominguez and the Second Circuit’s holding in King are “more persuasive” than Marks, and that equipment must […]

A State of Defiance: California Senate Passes Country’s Toughest Net Neutrality Law After Obama-Era Net Neutrality Regulations Are Curtailed

EDITOR’S NOTE: NET NEUTRALITY IS NOT THE TCPA BUT IT EFFECTS EVERYONE. GIVEN OUR TEAM’S EXPERIENCE WITH TELECOM AND TECHNOLOGY LAW AND REGULATION–AND GIVEN THAT WE ARE LOCATED IN CALIFORNIA– WE’LL BE KEEPING A CLOSE EYE ON THIS STORY FOR YOU. On Friday, August 31, 2018, the California […]

“Flu Shots Available”: Court Finds that These Three Little Words Are Within the Scope of Consent Provided to Receive Texts Related to Prescription Status Updates

In Bailey v. CVS Pharmacy, Inc., 2018 WL 3866701 (D.N.J. Aug. 14, 2018), Plaintiff Jaclyn Bailey filed a putative class action alleging that CVS violated the TCPA by sending text messages to its customers notifying them that their prescription was ready to be picked up, which also included […]