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.

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

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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

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. The case is State v. Patino, No. 2012-263-C

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.

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.

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. iPad potential taken to new heights as concert pianist performs on device at symphony hall. Case of lost iPhone prototype may result in criminal charges. Live Nation’s merger with Ticketmaster instills fear in the hearts of touring artists.

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

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. The four major wireless carriers–Sprint, Verizon, AT&T, and T-Mobile–have partnered with the Mobile Giving Foundation to coordinate the text messaging donation program. However, the problem lies when circulating messages, claiming to help the victims in Haiti, are in fact fraudulent and misleading.

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. Polls have indicated that 20 percent of drivers receive or send text messages while driving, and among 18-24 year olds, the number rises to 60 percent. Texting has been the supposed cause of numerous deadly car , train and bus accidents.

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

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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Five Startups Named Finalists for Clio’s $100K Launch//Code Contest

Media Law

FirmScribe , legal iMessage and text archiving software that auto-syncs selected workthreads from Apple’s Messages or an SMS app to Clio Manage. Kenect , a business text messaging platform offering bi-directional sync of contacts and text message history from Kenect to Clio.

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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

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. Unable to find a messaging app that would allow him to communicate easily with his clients and meet the security and record-keeping requirements of legal communications, he decided to build one.

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? Critics slam Saturday Night Live for being insensitive toward domestic violence after Tiger Woods skit. Actress looks for lifesaver after $1.7 million tax lien. Fearful of long prison sentence, 22-year-old pleads guilty to accidental child pornography download.

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

MyCase Adds E-Signatures, Online Intake, Lead Analytics, Dashboards for Cases and Leads, and More

Media Law

Text Message Reminders for Events and Invoices. MyCase now allows text messaging to remind clients of upcoming events or for invoice payments. For events, when you create a calendar event for a client and choose to share it with the client, you can opt to add a text-message reminder. Alternatively, you can set up text reminders as the default for all events shared with clients. By clicking on this, you can send the client the text link.

Five Legaltech Finalists Named for Clio’s $100,000 Launch//Code Contest

Media Law

Heymarket provides easy and trackable business text messaging with your firm’s Clio contacts. Incoming text messages from new or prospective clients can be automatically added to your Clio account. Heymarket was designed for teams, so your entire staff can read and reply to messages, automate meeting reminders, and set up auto replies for important messages.

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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.

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. Instead, she uses secure messaging through other applications. How do solo and small-firm lawyers use technology in their practices?

Breaking: Practice Management Platform MyCase Sold to Private Equity Group

Media Law

It includes market leading features such as integrated MyCase Payments, 2-way text messaging, and the MyCase Client Portal to centralize client communication and share files securely.

New Site Helps Lawyers Get Clients – And Then Provides Free Software To Manage Them

Media Law

On the back-end, Xira is a no-cost and no-obligation service for lawyers that provides free access to a suite of cloud-based practice management software that includes case management, time management, document management, electronic invoicing, online calendaring and booking, and secure 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.

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.

Announcing the Winners of the LexBlog Excellence Awards for Outstanding Writing

Media Law

Eleventh Circuit Holds Receipt Of A Single Text Message Does Not Confer Article Three Standing. In my role as publisher and editor-in-chief of LexBlog , it is my great honor today to announce the winners of the inaugural LexBlog Excellence Awards, a first-of-its-kind contest designed to honor excellence in the writing of legal blog posts.

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. §

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. An app introduced this week enables legal consumers to engage in free consultations with lawyers via an iPhone. The new app, LawZam , was developed by the company of the same name, LawZam.

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. When attorneys see leads that interest them, they can then offer a consultation by responding with a personal message that includes their hourly rate. The lawyer and client can exchange messages via chat or speak via videoconference.

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Protecting against Cybersecurity Threats when Working from Home

New Media and Technology Law

With more employees working from home, groups and teams will become increasingly reliant on phone, email, and instant messaging communication systems instead of in-person meetings. Companies should ensure that their email and messaging systems remain encrypted and secured. Additionally, some employees may be tempted to communicate outside of normal company communication systems, such as text messaging on personal devices or private chatting on social media.

State Bar Issues Ethics Guidance on Working from Home During COVID-19 Pandemic

Media Law

Full text: PBA Formal Opinion 2020-300 Ethical Considerations for Attorneys Working Remotely. At a minimum, the opinion says, when working from home or remotely, attorneys and their staff have an ethical obligation to take reasonable precautions to assure that: All communications, including telephone calls, text messages, email, and video conferencing, are conducted in a manner that minimizes the risk of inadvertent disclosure of confidential information.

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.&# Twitter seems destined to be the next big thing; marrying the multi-zillion dollar text messaging business on cell phones with a social networking website.

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. New music service being launched by Google, iLike and Lala partnership. Big Brother winner Adam Jasinski uses prize money to buy and sell oxycodone pills.

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. NYPD officers accessed Black Lives Matter activists' texts, documents show | US news | The Guardian #ResistanceIsNotFutile I despise NYPD and always have. I detest this racist organization of thugs, particularly the officers.

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). An additional feature coming within the next 60 days is text messaging. Subscribers to any of Ruby’s plans will be able to send and receive SMS messages through the mobile app.

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‘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. Case Status maintains an audit trail of all messaging and can save it back into an integrated practice management application such as Clio or AbacusNext. If a client does not want to install the app, Case Status provides the option of sending all messages through standard text messaging.

Where is Kim Jong-Il When You Need Him: Google Pulls the Same Old Stuff on State AGs

Music Technology Policy

And now the Wall Street Journal reports that: Google is resisting efforts to surrender emails, text messages and other documents sought by state investigators probing possible anticompetitive practices, according to records and interviews. [This post first appeared on Artist Rights Watch ].

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.