Whether texts count as telephone calls for purposes of bringing a do not call private right of action will vary among different jurisdictions until federal appellate courts settle the issue, Klein Moynihan telemarketing lawyer David Klein wrote Wednesday. There's a split among district courts on whether consumers can bring Telephone Consumer Protection Act DNC claims for receiving unsolicited text messages, Klein said. Companies should obtain consumer consent before sending commercial text messages and quickly honor consumers' requests to opt out from future ones, he added.
A proposed private right of action will be removed from a New Hampshire age-verification bill that seeks to restrict children’s access to porn, said its sponsor, Sen. Tara Reardon (D), at a livestreamed state Senate Judiciary Committee hearing Thursday. Reardon said her planned amendment to SB-648 would also allow companies to assert rights under Section 230 of the Communications Decency Act.
Texas Gov. Greg Abbott (R) approved a bill Friday strengthening consumer protections under the state's Telemarketing Disclosure and Privacy Act. SB-140, which takes effect Sept. 1. It expands the definition of a "telephone call" to include texts and other electronic transmissions. Consumers will also have a new private right of action to seek damages against a company for a telemarketing violation and may seek damages as many times as a violation arises. "Expect to see even more aggressive, serial litigants and filings in Texas," wrote telecom attorney Puja Amin in a blog post Tuesday. The law "is a huge gift" to plaintiffs' attorneys who may have "had the doors to federal courthouses closed on similar claims."
An Illinois bill introduced Friday would amend certain rules governing rights-of-way and utility easements. Introduced by state Rep. Jay Hoffman (D), HB-1737 would clarify that "no additional compensation is required for the installation and maintenance of broadband infrastructure within an easement for electricity or along an existing public road right-of-way." It would also establish rules for "a private right of action and damages for a property owner who is challenging the broadband provider's right to use an easement for broadband services or infrastructure."
Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., plans on introducing comprehensive and kids’ privacy bills in the new year, he told us Tuesday.
CTA is optimistic it can work with the new Trump administration on tech issues, two of the group's top policy officials told us. The outlook on spectrum policy and other issues isn’t completely clear, they added.
Florida “cannot begin to show that its draconian access restrictions are necessary to advance any legitimate interest it may assert” to protect children, NetChoice and the Computer and Communications Industry Association (CCIA) wrote in a complaint Monday at the U.S. District Court for Northern Florida. The tech industry groups filed a First Amendment challenge against a Florida law set to take effect Jan. 1.
Two consumer privacy organizations assembled a model privacy bill for states that includes a private right of action, making it unlike legislation in nearly all the 20 states that have comprehensive privacy laws. Basing their model bill on the Connecticut Data Privacy Act, Consumer Reports and the Electronic Privacy Information Center said the aim of the model bill is to fill “loopholes” in that measure. Industry likes -- and many state legislators are familiar with -- the Connecticut law, CR and EPIC said Tuesday. Notably, though the model bill has a private right of action, it's narrow and wouldn’t allow lawsuits against small businesses. Under the model bill, consumers could seek relief, including at least $5,000 in damages per violation, from larger companies. Moreover, the model bill provides enforcement by a state attorney general, district attorney or city corporation counsel, and the AG would have rulemaking authority. Most states with privacy bills allow AG enforcement only. The model bill calls for a 60-day right to cure for a limited time. Also, unlike the Connecticut law, the model bill requires data minimization, which limits the amount of data businesses collect from the start. In addition, the CR and EPIC model adds protections for children and sensitive data and clarifies advertising rules contained in the Connecticut bill. When considering specific industries like healthcare that federal privacy covers, the model bill makes exemptions based on the type of data, unlike the Connecticut law, which does so based on the type of entity. As in the Connecticut law, the CR/EPIC model supports browser-based, global opt-out mechanisms. “The State Data Privacy Act was developed in an effort to more meaningfully protect user privacy than we’ve seen in many state laws, while also retaining a format more familiar to state policymakers,” said Matt Schwartz, CR policy analyst. EPIC Deputy Director Catriona Fitzgerald added, “This proposal sets out rules allowing companies to collect and use data in ways consumers expect while putting a stop to the data abuses that happen outside of their view.” Public Knowledge, the Center for Democracy and Technology and the Public Interest Research Group support the model bill, CR and EPIC said. Fitzgerald emailed us Wednesday, "Our next step is to work to get folks [committed] to introduce it."
Texas received $1.4 billion from Meta Tuesday, settling claims the Facebook parent captured biometric information in violation of state law. The same day, tech industry groups sued Texas over a kids’ online safety law. NetChoice and the Computer & Communications Industry Association (CCIA) said the 2023 law (HB-18), which requires that social media companies verify users’ ages and get parental consent for children younger than 18, violates the First Amendment in a way similar to a 2021 Texas social media law that went to the U.S. Supreme Court.
The Senate Commerce Committee plans to mark up privacy legislation when it returns from recess the week of July 23, Chair Maria Cantwell, D-Wash., told reporters Thursday.