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

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

Trending Sources

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

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.

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."

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.

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.

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.

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.

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.

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

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.

And Now for a Few of My Favorite Smartphone Apps

Media Law

Add text, audio or photos on your smartphone. With this app, you can use your smart phone to quickly create email and text messages, send yourself notes and reminders, and update your status on Twitter or Facebook – all virtually hands-free. (A,

Skype 40

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.

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.

New Federal Jury Instructions Aim to Deter Juror Use of Social Media

Media Law

You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn, or YouTube. The text of the instructions is here. The federal judiciary has issued new jury instructions aimed at deterring jurors from using the Web and social media to research or communicate about a case.

New Federal Jury Instructions Aim to Deter Juror Use of Social Media

Media Law

You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn, or YouTube. The text of the instructions is here. The federal judiciary has issued new jury instructions aimed at deterring jurors from using the Web and social media to research or communicate about a case.

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

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.

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.

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.

'Jonathan voted four times in 2007'

Communications And Entertainment Law Blog

Further calls and text messages were made to Peter Okhiria, his spokesperson, but were also unreturned. Image via Wikipedia 'Jonathan voted four times in 2007' He was only a candidate for vice president then but in 2007, Goodluck Jonathan took matters into his own hands — literally.

Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements for Short Code Campaigns

New Media and Technology Law

The Guidelines place very specific and detailed requirements on marketers to disclose the cost of premium text messaging services to customers prior to enrollment, down to the type size of disclosures, the placement of price information on the opt-in Web page, and the transmission of a confirming text message to the customer.

SMS 3

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.&#

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.

FCC Issues Emergency Communications Reminders to Broadcasters and Other Communications Entities in the Path of Hurricane Sandy

Broadcast Law Blog

The second public notice was directed to consumers, telling them to try a variety of means to communicate if one service is not working, suggesting text messages if mobile networks are affected by the storm, and urging that communications be kept short and limited to immediate needs so as not to overload any communications systems.

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. §

American Injustice - KING: Black boy sexting with white girl ends in child porn charge - NY Daily News

Communications And Entertainment Law Blog

Levar did what millions of kids in America are doing — he exchanged naked text messages with a 16-year-old classmate. Levar Allen is a 17-year-old standout three-sport student athlete at Parkway High School in south Bossier City, La.

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.

4 Fort Lauderdale Police officers ousted after racist video.This is American as apple pie, "dumb racist police". The average IQ of a police officer is 104. - WSVN-TV - 7NEWS Miami Ft. Lauderdale News, Weather, Deco

Communications And Entertainment Law Blog

conduct unbecoming of a police officer" which "involved racist text message exchange among themselves." "I The investigation also yielded many pages of test messages between the four officers that are also racially biased and homophobic. FORT LAUDERDALE, Fla. WSVN) -- Three Fort Lauderdale Police officers have been fired and another has resigned after an internal affairs investigation uncovered an extensive exchange of racially-insensitive material among the law enforcers.

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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.&#

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.

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.

What Could Possibly Go Wrong With a Broadcast Contest? – From the Legal Side

Broadcast Law Blog

Under the Telephone Consumer Protection Act (the “TCPA”), sending texts to persons who have not given their explicit consent to receive automated commercial messages can result in big fines. We wrote here about some of the issues broadcasters should consider in conducting contests or promotions that involve text messaging.

You Got Served. By Facebook?

JetLawBlog

While courts have allowed the use of email or text messaging, it seems that this was the first instance of process through a social networking website. However, a primary concern as to whether a Facebook message would reach users is analogous to concerns regarding the already-approved method of emailing. Facebook seems to be creeping into every aspect of our lives.