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News
November 27, 2017

Louisiana One of World’s “Worst Legal Climates,” Says State Business Leader

Judge Nixes TCPA Class Action Because Plaintiff Never Texted ‘STOP’: A federal judge tossed a Telephone Consumer Protection Act lawsuit against Kohl’s department stores because the plaintiff did not follow the proper opt-out protocol. Rather than texting “STOP,” the plaintiff sent longer messages “that made it difficult or impossible for defendant to honor her request.” (New Jersey Law Journal)

Dinner Reservation Text Promoting Specials Isn’t Advertising: The U.S. District Court for the Eastern District of California found a restaurant’s dinner reservation confirmation text that included dinner specials did not violate the Telephone Consumer Protection Act. The court said including a link to the specials did not “somehow convert the text message into an advertisement.” (BNA)

“The Law is What it Says”: The Wall Street Journal Editorial Board said a U.S. Supreme Court Dodd-Frank whistleblower protections ruling in favor of the plaintiff “would give executive agencies free rein to rewrite laws.” Protections are provided to whistleblowers who file complaints directly to the SEC. The editorial board said the SEC “reinterpreted the law” to extend protections to those who file internal complaints. (Wall Street Journal)

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