Archives: Text Messaging

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The Joint Commission Puts the Brakes on Text Messaging Patient Orders

The Joint Commission (TJC) recently clarified that licensed independent providers (LIPs) or other practitioners may not utilize secure text messaging platforms to transmit patient care orders. TJC’s earlier position provided that use of secure text messaging platforms was an acceptable method to transmit such orders, provided that the use was in accordance with professional standards … Continue Reading

FCC Releases Order Clarifying TCPA

Last Friday, July 10, 2015, the Federal Communications Commission (FCC) released Declaratory Ruling and Order 15-72 (“Order 15-72”) to address more than 20 requests for clarity on FCC interpretations of the Telephone Consumer Protection Act (TCPA). The release of Order 15-72 follows a June 18th open meeting at which the FCC adopted the rulings now reflected … Continue Reading

Any Progress? The Draft Data Protection Regulation Celebrates its Third Anniversary

On the third anniversary of the EU Commission’s proposed new data protection regime, the UK ICO has published its thoughts on where the new regime stands. The message is mixed: progress in some areas but nothing definitive, and no real clarity as to when the new regime may come into force. The legislative process involves … Continue Reading

Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed its expanded reach in the United States, and Canada’s far-reaching anti-spam legislation takes full effect imminently. As European authorities grappled with the … Continue Reading

Join Us at BAA’s Marketing Law Conference for a Panel Discussion on Developments in Mobile Marketing

For those Of Digital Interest readers attending the Brand Activation Association’s (BAA) 36th Annual Marketing Law Conference, please join McDermott partner – and Of Digital Interest editor – Julia Jacobson as she moderates a panel titled “New and Unexpected: Developments in Mobile Marketing – Mobile Tracking, Apps and Mobile Payments.” She will be joined by Ira … Continue Reading

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA).  Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell held that a marketing consultant could be held liable for text messages sent in violation of the TCPA, even though … Continue Reading

Processing Personal Data in Russia? Consider These Changes to Russian Law and How They May Impact Your Business

Changes Impacting Businesses that Process Personal Data in Russia On July 21, 2014, a new law Federal Law № 242-FZ was adopted in Russia (Database Law) introducing amendments to the existing Federal Law “On personal data” and to the existing Federal Law “On information, information technologies and protection of information.”  The new Database Law requires … Continue Reading

In with the New, Part III: 2014 Privacy, Advertising and Digital Media Predictions

Boston-based litigation partner Matt Turnell shares his predictions about class action litigation under the Telephone Consumer Protection Act (TCPA) and Electronic Communications Privacy Act (ECPA) in 2014 and Boston-based white-collar criminal defense and government investigations partner David Gacioch shares his predictions about government responses to data breaches. Class Action Litigation Predictions 2014 is already shaping … Continue Reading

Data Privacy Day 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet.  Our panel of speakers discussed significant U.S. data privacy and protection events from 2013 and shared thoughts about what’s ahead for … Continue Reading

Privacy and Data Protection: 2013 Year in Review

Privacy and data protection continue to be an exploding area of focus for regulators in the United States and beyond. This report gives in-house counsel and others responsible for privacy and data protection an overview of some of the major developments in this area in 2013 around the globe, as well as a prediction of … Continue Reading

Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013

The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months. The FCC’s telemarketing rules are issued under the Telephone Consumer Protection Act (TCPA) and apply to a telephone call to a residential landline or wireless number or a … Continue Reading
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