July 30, 2012 4:45 PM | Posted by Michael Mallow, Michael Thurman, Christine Reilly |
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A federal court in California has dismissed a class action lawsuit against Taco Bell alleging violations of the Telephone Consumer Protection Act (TCPA), ruling that an advertiser is not vicariously liable under the statute for text message campaigns carried out by agencies on its behalf unless the advertiser controls the manner and means of the campaign. In Thomas v. Taco Bell Corp., plaintiff alleged that Taco Bell was vicariously liable for unauthorized text messages in connection with a text message marketing campaign conducted by the Chicago Area Taco Bell Local Owners Advertising Association, a non-profit association of local Taco Bell restaurants owners.
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July 12, 2012 4:55 PM | Posted by Julie Land |
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The New Jersey Assembly unanimously passed a bill May 24, 2012, that would prohibit sending text message advertisements to New Jersey residents without the recipients’ prior permission. If enacted, Assembly Bill No. 1218 could potentially broaden the scope of messaging services for which express consent is required.
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September 12, 2011 2:54 PM | Posted by Steve Semerdjian |
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Sen. Claire McCaskill ( D-Mo.) is reportedly working on draft legislation that would require companies to disclose their call center locations to consumers.
At a September 1, 2011, conference in Columbia, Mo., McCaskill reportedly announced that she planned to introduce legislation that would require companies to tell consumers where their call centers are located.
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August 8, 2011 10:02 AM | Posted by James Taylor, Ken Florin and Ieuan Jolly |
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Bills limiting the use of geolocation information collected from mobile and other devices were introduced in both chambers of Congress in June. The Location Privacy Protection Act of 2011 (S. 1223) and the Geolocation Privacy and Surveillance (GPS) Act (H.R. 2168, S. 1212) both would limit the collection and use of data by mobile device manufacturers and others. In addition, The GPS Act would also prevent law enforcement from obtaining this data without a warrant.
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June 2, 2011 3:03 PM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present the Mobile Messaging installment in our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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April 22, 2011 1:39 PM | Posted by Ieuan Jolly |
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On April 12, Senators John Kerry (D-MA) and John McCain (R-AZ) introduced the Commercial Privacy Bill of Rights Act of 2011 ( S. 799). The bill would require “covered entities” to (1) provide notice of their data collection practices and to disclose the purposes for the data collection; (2) provide an opt-out mechanism for “covered information” and an opt-in mechanism for sensitive information; (3) establish procedures for safeguarding data; (4) and implement privacy protections throughout the life cycle of a product (“privacy by design”). The bill does not contain a “do not track” provision.
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February 18, 2011 3:17 PM | Posted by Loeb & Loeb LLP |
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Loeb & Loeb's Advanced Media and Technology Group is proud to present our Media MindShare Thought Leadership Series, a collection of video interviews with Loeb & Loeb clients and attorneys discussing social media, mobile marketing, privacy, behavioral advertising and other issues of interest to Fortune 500 advertisers and advertising agencies.
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September 14, 2010 3:21 PM | Posted by Tami Carmichael |
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New York recently enacted amendments to the state's Do Not Call ("DNC") telemarketing law, section 399-z of the general business law. Initially enacted in April 2001, New York's DNC law allowed consumers to place their cell phone and other numbers on a centralized registry if they did not wish to receive unsolicited telemarketing sales calls. The new law expands the protections afforded to consumers.
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April 21, 2010 4:16 PM | Posted by James D. Taylor |
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In a recent federal court decision, a consumer alleged that a marketer violated federal telemarketing law by sending several text messages to his cell phone advertising the availability of new movies.
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