Newsletters

02.25.20

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that the inability to perform a single, particular job does not constitute a ...


02.11.20

Round 2: California AG Releases Amended Proposed CCPA Regulations

On February 7, 2020, California’s Office of the Attorney General (CalAG) released modified California Consumer Privacy Act (CCPA) draft regulations, revising the initial draft regulations released in October 2019.


01.30.20

Eleventh Circuit Reverses Class Cert, Citing Uninjured Class Members

Vacating a class certification order, the U.S. Court of Appeals, Eleventh Circuit, held that unnamed members of the putative class who did not ask the defendant to stop calling them were not injured by the defendant’s failure to maintain an internal do-not-call list and thus did not have ...


01.30.20

TCPA Doesn’t Cover Online Fax Services, FCC Rules

Unsolicited advertisements sent by fax to online fax services are not covered by the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) has ruled.  


01.30.20

$61M Verdict Will Stand, Supreme Court Denies Cert

The record-breaking $61 million verdict against Dish Network will stand after the Supreme Court denied the company’s writ of certiorari in December 2019.


01.30.20

New York Enacts Tougher Telemarketing Law

Businesses in New York will face a tougher law with steeper penalties for telemarketing activities as of March 1, 2020.  


01.30.20

TRACED Act Becomes Law

As expected, President Donald Trump signed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act into law on December 30, 2019.


01.30.20

California Court Hangs Up On Vicarious Liability Claims

A California court tossed a Telephone Consumer Protection Act (TCPA) action seeking to hold the defendant liable for calls made by a lead generator.


01.30.20

TCPA Constitutionality Battle Wages On

In a Report and Recommendation denying a motion to dismiss violations of the Telephone Consumer Protection Act’s (TCPA) automatic telephone dialing system (ATDS) provision, a Florida federal court fueled the battle over the TCPA’s constitutionality by agreeing with other federal ...


01.30.20

DOL Announces Final Rule on Joint Employer Status

On January 13, 2020, the U.S. Department of Labor (DOL) announced its final rule interpreting joint employer status under the Fair Labor Standards Act (FLSA).