Date: Wed, 5 Apr 2017 11:36:46 -0700 (PDT)
From: HAncock4 <firstname.lastname@example.org>
Subject: Happy Easter!
Hope everyone has a wonderful holiday.
Here are some past Easter Greetings from Western Union (advertisements
in LIFE magazine.)
You may scroll through the rest of the issues.
Pg 55 of the 1956 has a Bell System ad for an undersea cable.
The 1947 doesn't have a Bell ad, but it does have a nice ad for the
New York Central railroad on page 58.
Date: Wed, 5 Apr 2017 13:41:22 -0400
From: Monty Solomon <email@example.com>
Subject: Ninth Circuit rules that gym's unwanted texts are a
** Warning: A message part is using unrecognised character set US-ASCIIO
Some characters may be lost or incorrect **
Ninth Circuit rules that gym's unwanted texts are a concrete injury, but
dismisses TCPA class action because plaintiff consented.
By: Dan Deane, Leah Threatte Bojnowski
On January 30, 2017, the U.S. Court of Appeals for the Ninth Circuit
held that promotional text messages sent by a gym franchise to a
former member constituted a concrete injury, under the Telephone
Consumer Protection Act (TCPA), for standing purposes. The ruling
provides important guidance on Article III standing following the
Supreme Court's ruling last year in Spokeo, Inc. v. Robbins. While
post-Spokeo rulings continue to differ from one case to the next, the
Ninth Circuit takes a clear position that the invasion of privacy
concerns, underlying the TCPA, mean that nearly any unwanted call, or
text, sent in violation of the TCPA can constitute a "concrete" injury
conferring standing to sue, even when the plaintiff does not suffer
any actual financial harm. But the Ninth Circuit went on to affirm the
dismissal of the certified class action because the lead plaintiff had
consented to receive the texts, and he had never revoked that consent,
even when he cancelled his gym membership.
Date: Wed, 5 Apr 2017 13:40:38 -0400
From: Monty Solomon <firstname.lastname@example.org>
Subject: "Point and click" dialing system ruled not an autodialer
"Point and click" dialing system ruled not an autodialer
By: Dan Deane
In a report and recommendation issued in the U.S. District Court for
the Eastern District of Michigan, a Magistrate Judge found that
LiveVox, Inc.'s HCI (Human Call Initiator) dialing system is not an
autodialer subject to the Telephone Consumer Protection Act
(TCPA). The Magistrate Judge recommended that the Court grant partial
summary judgment dismissing some of the plaintiff's claims against
Stellar Recovery, Inc., a debt collector hired by Comcast Corporation
to collect on past due bills.
Date: Wed, 5 Apr 2017 21:09:57 -0400
From: danny burstein <email@example.com>
Subject: Anti abortion groups use phone geo-locations
The Mass. Attorney General, Maura Healey, received complaints that
women in the vicinity of reproductive (that is, abortion) clinics were
getting disruptive and targetted notices on their phones.
Short version: Ms. Healey pointed out the company was violating HIPAA
("Health Insurance Portability and Accountability Act")
protections. The company decided to settle rather than continue
claiming First Amendment protections.
To quote from the press release:
" Advertising Company Targeted People Entering Reproductive Health
Clinics with Ads on Their Mobile Devices ..... Geofencing is a
technology that allows digital advertising companies to direct
advertisements to users through browsers and applications on their
devices when those users are located in a designated territory.
In the spring of 2015, Copley [the advertising company] was hired to
direct targeted advertisements - using geofencing - to
"abortion-minded women" sitting in waiting rooms at health clinics.
In its advertising campaign, Copley set mobile geofences at or near
reproductive health centers and methadone clinics in Columbus, New
York City, Pittsburgh, Richmond, and St. Louis. When a consumer
entered the geofenced area near these locations, Copley tagged the
consumer's device ID and served advertisements to the consumer's
device for up to 30 days. ....... The settlement assures that Copley
will not use geofencing technology at or near Massachusetts healthcare
facilities to infer the health status, medical condition, or medical
treatment of any individual.
Good writeup in the Boston Globe, which includes such info as:
"In this case, Copley Advertising used a technique known as
"geofencing" that aims messages at cellphone users inside a certain
geographic area. Those ads specifically targeted young women at or
near reproductive health clinics, Healey said.
"We can reach every Planned Parenthood in the US," Copley Advertising
chief executive John F. Flynn said in a presentation posted on his
Twitter account in 2016. "Copley Advertising can drill down to age and
According to the settlement with Healey, Copley Advertising used GPS
coordinates and other location data generated by smartphones to
identify people who entered an area around a health care facility.
Knowledge may be power, but communications is the key
[to foil spammers, my address has been double rot-13 encoded]
End of telecom Digest Thu, 06 Apr 2017