Gov. Ralph Northam has signed two bills that forbid public schools and colleges from releasing a student's email address or phone number without written consent.Release of such information is currently discretionary. But the Democratic governor last week signed Senate Bill 512 from Sen. David Suetterlein, R-Roanoke County, a bill that will become one of the only exemptions in the Virginia Freedom of Information Act to specifically prohibit release of public records.The governor also has signed House Bill 1 from Del. Tony Wilt, R-Rockingham. That bill amends state education law to say that no school can disclose student directory information without a parent or eligible student affirmatively consenting in writing.The new laws will go into effect July 1.Republicans filed the bills in response to a liberal group, NextGen Virginia, that used FOIA to obtain student cellphone numbers from Virginia universities, and then texted students last year about registering to vote in the November … [Read more...] about Northam signs bills to forbid release of student phone numbers and emails without consent
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Typosquatting for Phone Numbers is Not Infringement
Many Internet users today are familiar with the scam of “typosquatting” – which is when a company registers a domain name that is similar to a well-known domain name, and waits for people to inevitably make typos and get sent to the wrong site. Courts have found such behavior to be both trademark infringement and a violation of the Anti-cybersquatting Consumer Protection Act (“ACPA”).But domain names are not the only places where typos are made. Telephone numbers, particularly vanity numbers, offer a number of ways for consumers to be confused and accidentally connect to the wrong company. But despite the strong protection against domain name typosquatters, courts have held that there is no such protection for “typosquatting” phone numbers. This was clear in a summary judgment decision issued this past week in Ohio, Dish Network, LLC v. Fun Dish, Inc., et al., Case No. 08-cv-1540 (N.D. Ohio, June 12, 2015).In Dish … [Read more...] about Typosquatting for Phone Numbers is Not Infringement
Ninth Circuit Confirms That Providing A Business With Phone Number Constitutes Express Consent To Be Called Under The TCPA
In a recent decision, the Ninth Circuit held that the named plaintiff in a putative TCPA class action expressly consented to receive a text message when she provided an airline with her phone number, even though she claimed she only provided her number because she thought it was required to purchase airline tickets and had no intention of consenting to be contacted. Baird v. Sabre, Inc., No. 14-55293, 2016 WL 424778, at *1 (9th Cir. Feb. 3, 2016).When Shaya Baird booked flights online, she was prompted to provide contact information and was informed that “‘[a]t least one phone number is required.’” Baird v. Sabre, Inc., 995 F. Supp. 2d 1100, 1101 (C.D. Cal. 2014). Three weeks later, Sabre, which was contracted by Hawaiian Airlines to provide traveler notification services, sent Baird a text message asking if she wanted to receive flight notifications. Baird did not respond and Sabre sent no other messages. Baird subsequently filed a putative class action.Sabre … [Read more...] about Ninth Circuit Confirms That Providing A Business With Phone Number Constitutes Express Consent To Be Called Under The TCPA
Can I Get Your Digits?: NLRB Ruling Expands Quickie Election Rules To Cover Supervisors’ Possession Of Employee Phone Numbers
The National Labor Relations Board’s (NLRB) “quickie election” rules that passed a few years ago have been a hot-button topic. One of the significant changes they brought about was the decrease in time employers have to furnish unions with contact information of employees potentially eligible to vote in union elections. The new rules reduce the allotted time from seven calendar days to two business days from the time an election is directed. In addition, under the “old rules,” an employer only had to provide the union with addresses of voters, but the new rules require that phone numbers also must be given if they are “available” to the company.A recent case tested the definition of “available.” On June 7, the NLRB issued its decision in RHCG Safety Corp., 365 N.L.R.B. No. 88 (2017) that set forth the agency’s interpretation.In that case, the employer furnished a list of voters’ addresses but not phone numbers to the … [Read more...] about Can I Get Your Digits?: NLRB Ruling Expands Quickie Election Rules To Cover Supervisors’ Possession Of Employee Phone Numbers
District Courts Debate Whether Providing a Phone Number Establishes Consent
Multiple district courts have recently examined whether, and in what circumstances, providing one’s phone number suffices to establish consent to be called under the TCPA. The issue is complicated, turning on whether prior express consent must be in writing, a determination which, in turn, requires examination of whether the call in question constitutes “telemarketing” or “advertising.”For example, in Barrera v. Guaranteed Rate, Inc., No. 17-5668, 2017 U.S. Dist. LEXIS 175223 (N.D. Ill. Oct. 23, 2017), the Northern District of Illinois, in ruling on a defendant’s motion to dismiss a class action, held that “simply providing a phone number” was not sufficient to establish consent. Id. at *6. The plaintiff argued that although he entered his cell phone number and clicked on a button advertising the provision of free mortgage quotes on the defendant’s website, he did not consent to receiving calls from the defendant … [Read more...] about District Courts Debate Whether Providing a Phone Number Establishes Consent