In this month’s Privacy & Cybersecurity Update, we examine Iowa’s new data privacy law (the sixth state to enact a privacy law), the Biden administration’s new national cybersecurity.
Recent News
Inovalon Seeks Timely and Favorable Decision on Junk Fax Petition
On March 9, 2021 Inovalon, Inc. submitted a letter urging the FCC to answer Inovalon’s Petition for Declaratory Ruling and affirm that “faxes with no direct commercial purpose, and offering no commercially available products or services to the recipients, are not ‘advertisements’ under the TCPA and JFPA.” The letter, an ex parte notice, updates the Commission on new activity in the junk fax class action against Inovalon
Eric B. Fromer Chiropractic, Inc. v. Inovalon Holdings, Inc., et al, No. 17-cv-03801-GJH. The case has been stayed for over two years pending a decision from the FCC on Inovalon’s petition. On February 4, 2021, the Plaintiff filed a motion to lift the stay, arguing that the Fourth Circuit Court’s recent decision in
Tuesday, March 16, 2021
Sometimes what the Court does
not address is the most interesting issue in an opinion. That’s the case we are covering today.
Scoma v. National Spine & Pain Centers, LLC, 2:20-cv-430-JLB-MRM, 2021 U.S. Dist. LEXIS 46655, 7 (M.D. Fla. March 12, 2021).
The TCPA prohibits using any facsimile machine to send “an unsolicited advertisement.” 47 U.S.C. 227(b)(1)(C). In a case involving a frequent TCPA plaintiff, Scoma Chiropractic, P.A., a court in the Middle District of Florida denied a Defendants’ Motion to dismiss. First, the Court rejected Defendants’ argument that the fax at issue did not qualify as an advertisement. Second, the Court also raised, but did not resolve, important First Amendment issues about the speech implicated by the fax.
that is something a lot of people do not realize. spam is actually like junk fax where 90 percent or more of all e-mail volume is spam and the internet service providers have to deal with systems and hire people to deal with it and that cost is past on to recipients as part of the monthly bill. trace: thank you, good to see you. guest: thank you. trace: u.s. troops are set to pull out of iecialg after q after the end of next year and now the iraqi prime minister is weighing in saying his country can do without u.s. help. stay tuned.