A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. The district court noted a split between the circuit courts
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A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions
By Sulina D. Gabale & Jason Gordon on
Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA). Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding…
Lyft Faces Second Wave of TCPA Litigation for Sending Autodialed Texts
By Sulina D. Gabale & Jason Gordon on
Lyft, Inc. – the popular ride hailing service featuring the iconic pink moustache – is facing a second class action lawsuit in California alleging violations under the Telephone Consumer Protection Act (“TCPA”).
This alleges that Lyft sent unwanted and unsolicited text messages to cellphones using an automated dialing system without first obtaining express written consent…
Canada’s Supreme Court Holds Stricter Standards Apply to Search of Texts
By Mark S. Melodia on
This post was also written by Frederick Lah.
On March 27, the Supreme Court of Canada held that the police must obtain a judicial wiretap order to get text message records from service providers, as opposed to a general warrant, which is easier to obtain.
In this case, the police obtained a general warrant requiring…