Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations

Broadcast Law Blog

The rules prohibit “telemarketing” calls or texts using an “autodialer” unless the recipient has explicitly consented to receive such messages. In the recent decision, the broadcaster allegedly responded to texts sent to enter a contest with reply texts containing advertising messages unrelated to the contest. . The burden is on the broadcaster to establish that appropriate consent was obtained before a call or message.

Rhode Island Supreme Court Rules Defendant Has No Reasonable Expectation of Privacy In Text Messages On Another's Phone

Media Law Prof Blog

The Supreme Court of Rhode Island has held that a defendant has no reasonable expectation of privacy in a text message he sends to another person.

Wisconsin Won't Prosecute Former DA For Text Messages

Media Law Prof Blog

The Wisconsin Department of Justice says it will not pursue charges against Ken Kratz, a former district attorney who sent improper text messages to a woman who had suffered domestic abuse, and was accused of other improprieties by other women

Supreme Court: City Search Of Officer's Text Messages Reasonable

Media Law Prof Blog

The Supreme Court has ruled against a police officer who maintained that his Fourth Amendment rights were violated when the company that provided text messaging services provided access to his messages and his employer violated his rights by reviewing the

Cops: U.S. law should require logs of your text messages | Politics and Law - CNET News

Communications And Entertainment Law Blog

law should require logs of your text messages | Politics and Law - CNET News : "Silicon Valley firms and privacy groups want Congress to update a 1986-era electronic privacy law. Cops: U.S. But if a law enforcement idea set to be presented today gets attached, support for the popular proposal would erode."

Cops: U.S. law should require logs of your text messages | Politics and Law - CNET News

Communications And Entertainment Law Blog

law should require logs of your text messages | Politics and Law - CNET News : "Silicon Valley firms and privacy groups want Congress to update a 1986-era electronic privacy law. Cops: U.S. But if a law enforcement idea set to be presented today gets attached, support for the popular proposal would erode."

Rolling Stone Publisher Hit With Class Action Over Text Message Marketing

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner EXCLUSIVE: Just as Wenner Media puts one lawsuit to bed, another pops up. read more. The Business Business

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld

Communications And Entertainment Law Blog

Supreme Court Ruling Lets Employers View Worker Text Messages With Reason - PCWorld The U.S. Supreme Court today ruled that employers have the right to search through text messages, including personal ones, sent by workers if they have reason to believe that workplace rules are being violated.

Fox News Host Eric Bolling Sues Journalist for $50M Over Lewd Photo Allegation

THR, Esq. Entertainment & Media Law Blog

Yashar Ali is being sued over stories about sexual harassment via text message. read more. THR, Esq. Television Television THR Online

Monday Morning JETLawg

JetLawBlog

Supreme Court addresses privacy expectations of public employees when they text message at work. In the news… Thirty-year study underway to research link between cellphone use and negative health effects.

Monday Morning JetLawg

JetLawBlog

Woman seeks $5 million from Burger King for text message advertisements. In the news. First U.S. inmate executed through new intravenous method. Too much sex in television ads recently?

Help in Haiti: Technological Exploitation of Social Networking Sites and Cell Phone Companies During a Time of Need

JetLawBlog

The world has unselfishly answered this call for help by setting up donation mechanisms via electronic means, such as text messaging. However, the problem lies when circulating messages, claiming to help the victims in Haiti, are in fact fraudulent and misleading.

How Broadcasters Could Have Big Liability For Texts And Calls under The FCC’s Recent Order on The Telephone Consumer Protection Act (TCPA)

Broadcast Law Blog

The FCC recently issued a Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) – and that order highlights many issues with broadcasters who use texts or outbound automated calls to the mobile devices of viewers and listeners. The TCPA Applies to Text Messages as well as Phone Calls. The TCPA applies to both telemarketing and non-telemarketing calls and text messages.

DWT (Driving While Texting): The New DUI?

JetLawBlog

Though speaking on a phone undoubtedly results in serious driver distraction, another and perhaps even more dangerous risk comes not from talking on the phone, but from texting, which a driver can do only by looking away from the road.

Drake Sued Over 'Marvin's Room' by Purported Ex-Girlfriend (Exclusive)

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner Ericka Lee says she has the text messages to prove that the rapper acknowledged her significant contribution. read more. THR, Esq. Earshot Music Music Drake

Startup’s New Messaging App for Lawyers Offers Security and Storage

Media Law

A Chicago-area startup founded by a lawyer who was concerned about his inability to securely message with colleagues and clients today launched a secure messaging app for iOS and Android that is designed to meet the security needs of legal professionals.

Now that's punk rock

Copyrights & Campaigns

Young Manhattanite : Text Message from Washington DC Circa 4:30pm “Ian M[a]cKaye at Dean and Deluca now

Hollywood Docket: Gibson extortion?; 'South Park' arrest; Naked Cowboy lawsuit

THR, Esq. Entertainment & Media Law Blog

A secret Mel Gibson text message could prove why Oksana Grigorieva recorded those now-infamous conversations with the actor/director. You broke your agreement with me," Girgorieva wrote to Gibson, according to a source that spoke to THR. THR] The Islamic fundamentalist.

Tweeting Defamation

Media Law Prof Blog

This article focuses on the whether defamatory text messages should be treated as libel Leslie Yalof Garfield, Pace University School of Law, has published Birds of a Feather: Libel and Slander in the Age of Twitter. Here is the abstract.

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Legal Tech in the Heartland, Episode 4: Kim Benjamin, Kansas City, MO

Media Law

Among the products Benjamin talks about are: Clio for practice and document management; Apptoto for client text messaging; Your Firm App for client communications and calendaring; Parallels , which she uses for viewing Windows-based dashcam videos on a Mac; and Tali , for voice time tracking.

Texting Teen Costs Parents Big Bucks, Earns A Lot of Failing Grades

Media Law Prof Blog

These Wyoming parents thought they had disabled the texting capability on that cell phone they gave their thirteen year old. They got a four figure bill when she racked up 10,000 text messages in a month. Think again. Oh, and

New ‘LawZam Consults’ Allows Lawyers to Sell Text or Video Legal Consultations

Media Law

A new service launching today, LawZam Consults , allows lawyers to provide 15-60 minute text and video client consultations for a fee via a mobile-friendly online platform. The lawyer and client can exchange messages via chat or speak via videoconference.

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The San Francisco Police Department's Bigotry Problem - The Atlantic

Communications And Entertainment Law Blog

The San Francisco Police Department's Bigotry Problem - The Atlantic "San Francisco police officers sent dozens of racist and homophobic text messages in the past several months, even as another group of officers was being investigated by prosecutors for having traded similar messages,” the New York Times reports.

Opinion | When Will Eric Garner Get Justice?

Communications And Entertainment Law Blog

On Thursday, when lawyers showed the court an exchange of text messages between a sergeant at the scene of the deadly arrest and a supervising lieutenant, we learned how warped we have allowed the city’s policing culture to become. “He’s

Twitteriffic

DealFatigue

As NPR describes it, Twitter “imposes a limit of 140 characters for messages. In addition to appearing on the Web, Twitter entries pop up on the instant-messaging (IM) systems and cell phones of the user’s personal contact list.&#

‘Case Status,’ App that Automates Client Communications, Receives Venture Funding

Media Law

The app includes an encrypted messaging platform through which the attorney and client can exchange messages, documents and other files. If a client does not want to install the app, Case Status provides the option of sending all messages through standard text messaging.

CA Supreme Court: No warrant needed to search cell phone

Entertainment Law

The California Supreme Court ruled Monday that police can search the cell phone of a person who’s been arrested — including text messages — without obtaining a warrant, and use that data as evidence. Investigators later looked through Diaz’s phone and found text messages that implicated him in a drug deal. This disturbs me. One’s expectation of privacy has been shattered in California.

LawZam App Enables Video Consults with Lawyers via iPhone

Media Law

A “consult” button on the lawyer’s bio brings up a form for the consumer to send the lawyer a message. If the lawyer is online, the consult button initiates a text-messaging or videoconferencing session.

Don Henley in USA Today on the Importance of Protect IP Act

Music Technology Policy

We polled a couple of digital natives and got a plausible explanation: (a) it was a letter sent by snail mail and not email, (b) Califano is so old, and (c) why didn’t he send a text message if it was so important! Don Henley’s opinion piece in USA Today (“Internet Theft is a Job Killer, Too&# ) lays out the problems that Google has with Protect IP–they make way too much money off of advertising for illegal drugs, products, music, games and film.

Ruby Receptionists Introduces Plan Tailored (And Priced) For Solos

Media Law

Through the app, users can track all calls and message activity and manage receptionist coverage, choosing to have Ruby answer all calls, some calls, or act as backup for when they are unable to answer (Ruby picks up after three rings).

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Ninth Circuit Executes Dictionary Attack on Telephone Consumer Protection Act

New Media and Technology Law

a case involving the applicability of the Telephone Consumer Protection Act to text messages sent to cellular phones. But not before delving deeply into the dictionary to construe some of the critical terms in the statute and in the agreement pursuant to which the subject text message was sent. But whether the particular text message sent to Satterfield violated the TCPA is subject to the resolution of disputed fact issues on remand.

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

New Media and Technology Law

An Important Issue for Text-Message Marketers. In the last decade, the legal debate surrounding the TCPA was over whether a text message was a “call” under the statute (it is) and whether the statute was implicated, absent certain exceptions, even if the user is not charged for receipt of a text message (it is). There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. §

NYPD officers accessed Black Lives Matter activists' texts, documents show | US news | The Guardian

Communications And Entertainment Law Blog

Undercover officers in the New York police department infiltrated small groups of Black Lives Matter activists and gained access to their text messages, according to newly released NYPD documents obtained by the Guardian. #ResistanceIsNotFutile I despise NYPD and always have.

Monday Morning JetLawg

JetLawBlog

Nashville police releases text messages between Steve McNair and Sahel Kazemi. In the news. Musicians use Freedom of Information Act to find out how the government is using their music. The continued battle over net neutrality.

Latest Round of LSC TIG Grants Show How Tech Can Help Expand Access to Justice

Media Law

Among this year’s grantees are projects that enhance online self-help resources, expand services to rural communities, and facilitate clients’ ability to seek legal help via text messaging and voice assistants such as Google’s Siri and Amazon’s Alexa. The project builds on an existing program that uses automated text message exchanges with clients to study outcomes resulting from brief service.

Peter Strzok fired from the FBI

Communications And Entertainment Law Blog

"Washington (CNN)The FBI has fired Peter Strzok, an agent who was removed from the Russia probe last year for sending text messages disparaging President Donald Trump, Strzok's lawyer said Monday. Aitan Goelman, Strzok's attorney, said FBI Deputy Director David Bowdich ordered the agent's termination on Friday.

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FCC Approves Rule That Would Permit Cable Providers to Send More Notices via Email

New Media and Technology Law

The FCC also issued a notice of proposed rulemaking seeking comment on whether cable operators should be able to send notifications via text message or other means in the future (e.g., smartphone apps, an electronic message center accessible on a user’s television screen).

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Another Cloud-Based Practice Management System Launches

Media Law

The gateway, the website says, makes client communications “as simple as text messaging.” MyCase has a client portal and direct messaging with clients.

Announcing the Winners of the 2019 ABA TECHSHOW Startup Alley Competition

Media Law

JurisMS helps relieve that burden by providing a simplified and secure text-messaging platform that encourages communication and client care while making your life easier. OCI is a permanent, non-deletable messaging system for parents to communicate after separation. Drum roll please.

The Negotiation Culture: When Is It OK To Lie?

DealFatigue

I called Agent’s cell phone and left what can only be diplomatically described as a “terse” message on his voice mail. This meant that Agent was picking up my messages or at least knew I was calling him - a lot. A literary agent recently lied to me during a negotiation.

Russian propagandists targeted African Americans to influence 2016 US election | US news | The Guardian

Communications And Entertainment Law Blog

The Oxford researchers said that while the propaganda was meant to “push and pull” Americans in different directions, “what is clear is that all of the messaging clearly sought to benefit the Republican party – and specifically, Donald Trump”.

Meeting of the Minds at the Inbox: Some Pitfalls of Contracting via Email

New Media and Technology Law

Still, a signed email message does not necessarily evidence intent to electronically sign the document attached to the email. Exercise extreme caution when using text messaging for contract negotiations – the increased informality, as well as the inability to attach a final document to a text, is likely to lead to disputes down the road. We have had a number of clients run into issues relating to whether or not an email exchange constituted a binding contract.

Send Naked Photos and You May be Committing A Felony

JetLawBlog

According to Urban Dictionary , “sexting&# (aka sex texting) is “the act of text messaging someone in the hopes of having a sexual encounter with them later; initially casual, transitioning into highly suggestive and even sexually explicit.&#