| Message-ID: <20230613201012.GA531950@telecomdigest.us>
Date: 13 Jun 2023 16:10:12 -0400
From: "The Telecom Digest" <digest-replies@telecomdigest.net>
Subject: Post-Facebook v. Duguid Litigation Roundup
by Christine M. Reilly, Alexandra N. Krasovec, John W. McGuinness,
A. Paul Heeringa, Cody A. DeCamp, Tina P. Lapsia and
Madelaine A. Newcomb
As part of Manatt's continuing monthly coverage of the aftermath of
Facebook v. Duguid and how district courts are applying it to
determine whether a calling system meets the Supreme Court's newly
clarified definition of an automatic telephone dialing system (ATDS)
under the Telephone Consumer Protection Act (TCPA), we report on some
notable decisions since our last roundup. While the results remain
somewhat mixed, a growing number of federal courts (if not a majority)
are adopting Facebook and holding that use of a random or sequential
number generator is a necessary prerequisite to an ATDS finding. At
the district court level, defendants have generally continued to fare
well under the new ATDS standard both at the pleadings and the summary
judgment stage. These courts are also increasing rejecting what some
have called the "Footnote 7" argument-referring to footnote 7 in the
Facebook decision, where the Supreme Court suggested in dicta that
randomly or sequentially selecting numbers from a predetermined list
might qualify as an ATDS-with judges focusing on the generation, not
the selection, of numbers.
https://www.mondaq.com/article/news/1327626?q=1803232&n=817&tp=4&tlk=13&lk=57
|
| Message-ID: <u6i496$slbk$1@dont-email.me>
Date: 16 Jun 2023 12:57:12 -0400
From: "Bill Horne" <digest-replies@telecomdigest.net>
Subject: Washington state AG says T-Mobile is wrongly withholding
documents in security probe
by Todd Bishop
A new court petition alleges that T-Mobile is refusing to fully comply
with investigative demands from law enforcement authorities in its home
state who have been probing the company’s security practices since a
breach nearly two years ago that impacted 76 million customers across
the country.
“Throughout this investigation, T-Mobile has either provided
insufficient responses, or refused to respond outright, to the State’s
Civil Investigative Demands (CIDs), all while continuing to suffer
repeated data breaches,” alleges the office of Washington state Attorney
General Bob Ferguson in the filing.
https://tinyurl.com/5dtdp539
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| Message-ID: <u6i4fd$slbk$2@dont-email.me>
Date: 16 Jun 2023 13:00:31 -0400
From: "Bill Horne" <digest-replies@telecomdigest.net>
Subject: T-Mobile’s fight with WCO Spectrum gets ugly
By Linda Hardesty
T-Mobile has filed a lawsuit in the U.S. District Court, Central
District of California, against WCO Spectrum, alleging WCO has engaged
in a criminal scheme to defraud, which has cost T-Mobile as much as $10
million.
https://www.fiercewireless.com/wireless/t-mobiles-fight-wco-spectrum-gets-ugly
|
| Message-ID: <ZIzl/t9IdHXBMJT+@telecom2022.csail.mit.edu>
Date: 16 Jun 2023 18:45:18 -0400
From: "Telecom Digest Moderator" <digest-replies@telecom-digest.org>
Subject: Verizon warns all Android and iPhone owners over bank-
emptying ‘innocent click’ – simple mistake is very costly
By Lux Mitchell
Published: 17:19 ET, Jun 16 2023 | Updated: 17:19 ET, Jun 16 2023
VERIZON has warned all its Android and iPhone users to be on the look
out for a scam that could drain their bank account.
According to Verizon's 2020 Data Breach Investigations Report, more
and more hacks and data breaches involved the use of social media.
https://www.the-sun.com/tech/8389576/verizon-social-media-phishing-iphone-android/
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