Has Technology Left the TCPA Behind? Receipt of Text Messages Leads to Circuit Split on Article III Standing

By Client Bulletins, Press Release

Congress has not updated the TCPA lately and new modes of communication keep popping up.  This client bulletin examines the circuit split regarding the receipt of unwanted text messages and whether they are sufficient to establish Article III standing.

For more information, please click below.

Related Documents:  Client Bulletin: May 2020

NO ACCIDENT: Insured’s Expectation of Surviving Auto-Erotic Asphyxiation Deemed Unreasonable

By Client Bulletins, Press Release

Cases involving accidental death claims for auto-erotic asphyxiation often yield different results. The District of Massachusetts recently entered summary judgment for an insurer on such a claim, in large part because the insured’s expectation that he would survive the incident was deemed unreasonable. Wightman v. Securian Life Ins. Co., No. 18-11285-DJC, 2020 WL 1703772 (D. Mass. Apr. 8, 2020).  This Client Bulletin takes a look at that decision and compares it with other recent decisions on this issue.

For more information, please click below.

Related Documents: Client Bulletin: April 2020

Insurance Payment Extensions and Other Relief Due to the Financial Strains Caused by COVID-19

By Client Bulletins, Press Release

The COVID-19 pandemic is causing significant financial strain on the economy. In order to assist those impacted and to ease some of their financial burdens, many states are requesting that insurance carriers across all lines of business provide longer grace periods for premium payments and other accommodations to maintain coverage and access to insurance during this public health emergency.  This Client Bulletin summarizes the actions taken by the various state departments of insurance to encourage insurers to work with those who are concerned about their ability to timely pay their insurance premiums.

This is an ongoing effort and we will update this Client Bulletin as the efforts to respond to the COVID-19 pandemic further evolve.  For more information, please click below.

Related Documents: Client Bulletin: April 2020

Supreme Court of the United States to Evaluate Constitutionality of TCPA Provision on Autodialers (ATDS)

By Client Bulletins, Press Release

The Supreme Court recently granted a petition for writ of certiorari in Barr v. American Assoc. of Political Consultants Inc., 19-631, which will consider whether the TCPA violated the First Amendment by prohibiting the use of an autodialer in certain circumstances but not others.

For more information on the decision, please click below.

Related Documents

Client Bulletin: April 2020

Not Automatic For The People — The 7th Circuit Weighs In on the Definition of an ATDS

By Client Bulletins, Press Release

In a decision with significant implications for claims brought under the Telephone Consumer Protection Act, the Seventh Circuit held that a device used to send text messages only falls within the statutory definition of an automatic telephone dialing system…  For more information on the decision, please click below.

Related Documents

Client Bulletin: February 2020

Southern District of Iowa Holds Slayer’s Insanity Would Preclude Application of Iowa Slayer Statute

By Client Bulletins, Press Release

In 1987, Iowa amended its slayer statute — which originally disqualified beneficiaries who “feloniously” killed an insured — to disqualify beneficiaries who “intentionally and unjustifiably” caused the death of an insured.  For more information on the decision, please click below.

Related Documents

Client Bulletin: January 2020

Illinois Supreme Court Holds Actual Harm Unnecessary for Biometric Privacy Claim

By Client Bulletins, Press Release

In 2008, Illinois became the first state to regulate the collection of biometric data and which spawned a wide range of private class action claims brought under the Biometric Information Privacy Act.  Today, the Illinois Supreme Court gave a boost to those claims by holding that actual harm is not required to state a claim under the Illinois Biometric Information Privacy Act (“BIPA”).  Rather, violation of the statute itself “constitutes an invasion, impairment, or denial of the statutory rights of any person or customer whose biometric identifier or biometric information is subject to the breach.”  The ruling is consistent with the interpretation of the BIPA by the California federal district court in In Re Facebook Biometric Information Privacy Litigation and is sure to encourage more such class actions in the future.  With the proliferation of commercial use of biometric data, it is more important than ever to ensure appropriate safeguards are in place.  For more information on the decision, please click below.

 

Related Documents


Client Bulletin: January 2019