Lyft Joins Uber in TCPA Purgatory: Lyft Sued in TCPA Class Action for Texts Sent through Lyft Concierge

By Nicole Y. Su on October 17, 2018 • ( Leave a comment )

Yesterday, a class action was filed against the ride-sharing company Lyft for text messages it sent through its “Concierge” program in an alleged attempt to gain more ridership. Lyft Concierge is a program which allows business to hail rides for its customers, patients and employees. According to the […]

DOJ Sues California Hours After Governor Signs the Nation’s Toughest Net Neutrality Rules into Law

By Nicole Y. Su on October 3, 2018 • ( Leave a comment )

By Nicole Su and Mark Palchick As we previously reported, the California legislature approved one of the nation’s toughest net neutrality laws – California Internet Consumer Protection and Net Neutrality Act of 2018, also known as SB 822.  This past Sunday, Governor Jerry Brown signed SB 822 into law. […]

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

By Nicole Y. Su on September 4, 2018 • ( 1 Comment )

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 […]

Sick of Waiting: Health Care Companies Urge FCC to Rule on Their July 2016 Petition Seeking Clarification on the TCPA Related to Health Care Calls

By Nicole Y. Su on August 28, 2018 • ( Leave a comment )

  Last Friday, a group of Health Care Companies issued a letter to the FCC requesting it to respond to their petition filed back in July 2016, which asked the FCC to clarify that the use of a health plan member’s telephone number under the TCPA is the […]

“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

By Nicole Y. Su on August 18, 2018 • ( Leave a comment )

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 […]

The Other Shoe Drops: District Court Holds (Twice) that Calls from Lists of Numbers are Robocalls Covered by the TCPA After All

By Nicole Y. Su on August 6, 2018 • ( 7 Comments )

  It has been a great run of ATDS decisions for TCPA defendants over the past few weeks. First, the Third Circuit Court of Appeal stated that Yahoo’s IM platform was not an ATDS for purposes of the TCPA because it did not randomly or sequentially generate numbers […]

Facing the Music: Consent Granted When Consumer Voluntarily Provides Phone Number Limited by “Transactional Context”

By Nicole Y. Su on May 30, 2018 • ( Leave a comment )

The prior express consent granted when a consumer voluntarily provides their phone number has its limits.  The recent ruling denying summary judgment in Walintukan v. SBE Entm’t Grp. LLC 2018 U.S. Dist. LEXIS 88036 (N.D. Cal. May 24, 2018) is a good example of the parameters of this […]

Court Reserves “Multiple-Account” Revocation Issues for the Jury and Suggests that a Spouse Can Revoke Consent

By Nicole Y. Su on May 18, 2018 • ( Leave a comment )

  One of the biggest challenges collectors face when trying to honor consumer consent preferences is how to treat a stop call request received from a customer who has multiple accounts in collections with the caller. While it is black letter law that a caller must stop calling […]