- Posts by Scott Shaffer
PartnerScott has focused on complex commercial litigation and arbitration involving advertising and marketing law, class action defense, administrative investigations, contractual disputes, consumer fraud, and business ...
Our fast-moving webinar discussed key issues involving marketing and business practices in the current environment.
Authored by Scott Shaffer and summer associate Christian Villatoro
Highest court affirms the right of the SEC to recover fraudulently obtained profits
Advertising, Marketing & Promotions practice chair Andrew Lustigman, Intellectual Property/Privacy partner Mary Grieco, AMP partner Scott Shaffer, and associate Morgan Spina authored four Guidance Notes on direct marketing in California recently published in the prestigious OneTrust DataGuidance (subscription required). The first, entitled “California – Emarketing,” covers both the state and federal legislation, as well as regulatory guidance from the Federal Trade Commission, concerning emarketing. In the second, “California – Telemarketing,” the authors examine the numerous pieces of state and federal legislation governing telemarketing, including the “Automatic Dialing Law” and the “Unwanted Calls Law.” The third, entitled “California – SMS/MMS Marketing,” discusses various state and federal laws on SMS/MMS, including the Telephone Consumer Protection Act, and the consent requirements that advertisers must follow when using these services. In the fourth, “California – Postal Marketing,” the authors explore various state and federal laws on postal marketing, such as California’s “Mail Solicitation Law” and the federal “Deceptive Mail Act.”
Class-action lawsuit seeks recovery of fees obtained through subscription renewal plan.
We continue to monitor the effects of the COVID-19 pandemic on telemarketing regulations. The FCC has allowed health care providers to place emergency automated calls and text messages related to COVID-19, but three states have seen new telemarketing restrictions triggered by state-of-emergency declarations. Meanwhile, California is considering changes to its telemarketing statute unrelated to the pandemic. The following summarizes these recent developments:
Oral arguments held in Liu v. SEC
Liu v. SEC will also likely affect Federal Trade Commission’s powers
NCAA Clears The Way For Monetizing Athletes’ Names, Images and Likenesses by 2021
Decision Means That Issue of TCPA Standing Is Likely Headed To Supreme Court
Disgorgement Avoided Even Though Liability Established
Consumer not permitted to revoke consent given as part of a transaction
But Don’t Expect the Database Until 2020 at the Earliest
FTC must react to Eleventh Circuit’s LabMD ruling
Floyd Mayweather, Jr. Failed To Disclose He Was Paid For Social Media Posts
First-of-its-kind ruling broadens the reach of the TCPA
Illegal offer no longer enough: a plaintiff must suffer some form of injury to recover under the statute
Companies that communicate with consumers through autodialed telephone calls or mass text messages should be aware that a federal appeals court has just struck down two key, pro-plaintiff Federal Communications Commission (“FCC”) interpretations of the Telephone Consumer Protection Act (“TCPA”). Although the ruling did not provide clear limits to what marketers can and cannot do, it certainly provides marketers and debt collectors with important tools that should make life more difficult for class-action plaintiffs.
At last count, 60 lawsuits are pending vs. cellphone giant
Online Retailer must go to trial or settle
Supreme Court considering solicited fax rule for faxed advertisements
Hospital had compliant consent language on its consent forms
Conference call outlines FTC efforts at bureaucratic reform
Pre-fight concealment of boxer’s injury did not give consumers a cause of action
Third Circuit reverses district court and reinstates TCPA lawsuit
The Second Circuit rules in favor of companies in the question of consumers' permission revocation.
TCPA ruling in conflict with prior case law
Ruling shows that fraud can trump homestead protection laws
Practice is common in Northern District of Illinois
Federal court rules that telemarketers may not use soundboard technology to avoid robocalling restrictions.
Attempts to end class action with “pick off” strategy continue to fail.
D.C. Court of Appeals vacates FCC order from 2006.
Mortgage-servicing calls will still require prior express consent.
DataGuidance article entitled "FCC 'treading on thin ice' with TCPA Declaratory Ruling," draws directly on quote from Scott Shaffer.
A high-profile trial involving a potential Presidential nominee, especially during elections, will make it difficult to facilitate a fair trial and allow forward progress in the case.
Schools, utilities join debt collectors, health care providers and the Government itself.
The United States District Court in Western District of Pennsylvania granted summary judgment against woman with 35 cell phones.
Pennsylvania woman had 35 cell phones to attract calls!
Olshan Partners Andrew Lustigman and Scott Shaffer authored an article published in the New York Law Journal’s Cybersecurity Law Report on June 3, 2016, entitled “Online Discount Pricing Policies Face Increasing Scrutiny”, illuminating the issues surrounding online pricing practices.
But Spokeo does not definitively define what an injury-in-fact is.
Summary of the significant developments in consumer protection law during March - April 2016.
New York can serve as both the host forum and the source of law for international business disputes.
Two largest operators agree to pause New York entries while legislature considers regulation
Abercrombie & Fitch sent text message to cell phone’s prior owner
Justice Ginsburg suggests, but does not approve, a new strategy
FCC to treat text message senders differently from fax broadcasters
Yahoo facing liability to half a million text message recipients
Defendants on the hook for tens of millions of dollars
Payment methods, Verification, Do Not Call provisions among those modified
Many businesses involved in online commerce seek to reduce the risk of lawsuits by including arbitration clauses and class action waivers in their website terms and conditions.
Prerecorded message must actually play during call to trigger TCPA liability
Appellate court allows man to sue for call made to his roommate’s phone
Industry leaders accused of allowing “insider trading”
Magazine subscription program defeats Do Not Call lawsuit
Commissioner’s speech hints at more rulings to come
Eleventh Circuit allows autodialed calls to later-acquired cell phone number
“Human intervention” was key to avoiding TCPA liability
Total judgment awarded to cable subscriber is $229,500
Telemarketer’s Do Not Call Violations Cost Business $6 Million
Eighth Circuit Rules On “Survey” Used To Promote Movie
FCC schedules a vote on the commissioner’s proposals for June 18th.
Oral arguments scheduled for October; Decision likely in 2016
Andrew Lustigman and Scott Shaffer Discuss TCPA Lawsuits and Implications on Telemarketers in new Inside Counsel article.
Proposal would require online merchants to change the way they do business.
Court rules that a person does not have to actually send a fax in order to be considered the legal sender.
FCC clarifies a confusing TCPA provision, leaving businesses hoping for clarity on other points.
Compliance with the TCPA consent requirements remains a daunting task fraught with peril.
New law calls for penalties of up to $20,000 per violation.
Court of Appeals ruling offers broad interpretation of prior express consent.
“Middleman” responsible for subcontractor’s TCPA violation.
The Ninth Circuit’s ruling allows selective posting and arranging of content but does not preclude future lawsuits.
A current FCC review could significantly reduce TCPA litigation.
Scott Shaffer wrote an article for Bloomberg publications and was quoted in Law360 on the effects of the record-setting TCPA settlement for Capital One.
Plaintiffs Failed To Propose A Feasible Way To Identify Class Members
Pom Wonderful’s Lanham Act suit over pomegranate-blueberry drink to go forward.
Illinois court sides with text recipient over Path.
Sprint also agrees to preventative measures.
FCC Creates Exception To TCPA’s Prior Express Consent Requirement.
Scott Shaffer was quoted in Law360's article, "Appeals Courts Further Muddy Phone-Call Privacy Laws."
The U.S. Supreme Court has clarified the standard for bringing false advertising claims under the Lanham Act.
Court: the question of consent is often a fact-intensive inquiry and may vary with the circumstances of the parties.
California court allows texting class action to proceed vs. search engine.
In Gragg v. Orange Cab Company, decided on February 7, 2014 in the Western District of Washington, a class-action defendant accused of sending mass texting messages without prior consent was granted partial summary judgment on all claims under the Telephone Consumer Protection Act (TCPA).
Partner Scott Shaffer was quoted in a Law360 article about the Digital Accountability and Transparency Act (DATA Act).
In Shelton v. Restaurant.com, decided on November 4, 2013, the Third Circuit Court of Appeals held that a one-year expiration date for a restaurant gift certificate violated a New Jersey statute with a cumbersome name, the Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA).
In Carrera v. Bayer Corporation, decided August 21, 2013, the Third Circuit Court of Appeals issued an important ruling making class certification more difficult to achieve in certain consumer class actions.
On September 17, 2013, from 12:30-1:30pm Eastern time, Olshan will present the webinar Important Changes To The Telephone Consumer Protection Act (TCPA): What You and Your Client Need To Know.
We blogged about how the Sixth Circuit Court of Appeals opened the door for Telephone Consumer Protection Act (TCPA) class actions in Michigan by ruling that state prohibitions on class actions had no effect on federal lawsuits.
In Gordon v. Softech International, decided on July 31, 2013, the Court of Appeals for the Second Circuit tacked the issue of whether someone who discloses information obtained from the department of motor vehicles should be responsible when the information is misused by the person who received the information.
In Keim v. ADF MidAtlantic, LLC, decided on July 15, 2013 in the Southern District of Florida, the defendants were allowed to moot the threat of a class action by paying the plaintiff everything he demanded on his individual claim.