Jeffrey N Rosenthal

July 27, 2015 | The Legal Intelligencer

The Telephone Consumer Protection Act (TCPA) generally prohibits placing calls or sending text messages using an "automatic telephone dialing system" (ATDS) without the prior express consent of the called party. Given the high stakes in TCPA class actions ($500 to $1,500 per violation), litigants across the country have butted heads over the proper interpretation of key statutory provisions. This includes: whether the definition of an ATDS encompasses new calling technologies ubiquitous today, but that were not in existence when the TCPA was enacted in 1991; the extent to which intermediaries who play only a limited role in placing a call are liable; whether a business violates the act by calling a number for which it had consent but that was subsequently reassigned; how customers may revoke consent; and whether non-telemarketing calls are exempt.

By Jeffrey N. Rosenthal, Joshua Briones, Ana Tagvoryan and Harrison M. Brown

7 minute read

April 28, 2015 | The Legal Intelligencer

Can a business owner's act of posting purportedly personal content to his company's social media page affect the ownership of that account? The answer, according to a Texas federal bankruptcy court, is no.

By Jeffrey N. Rosenthal

8 minute read

April 28, 2015 | The Legal Intelligencer

Can a business owner's act of posting purportedly personal content to his company's social media page affect the ownership of that account? The answer, according to a Texas federal bankruptcy court, is no.

By Jeffrey N. Rosenthal

8 minute read

January 27, 2015 | The Legal Intelligencer

It's 10 p.m. Do you know what your children are posting online?

By Jeffrey N. Rosenthal

7 minute read

January 26, 2015 | The Legal Intelligencer

It's 10 p.m. Do you know what your children are posting online?

By Jeffrey N. Rosenthal

7 minute read

October 29, 2014 | The Legal Intelligencer

Ever wonder what happens to your social media accounts, email, online texts and other digital content when you die? Do they simply expire, leaving nothing behind but digital dust? Or can you authorize someone to take them over after you pass on? And if so, what powers would such a person possess?

By Jeffrey N. Rosenthal

7 minute read

August 26, 2014 | The Legal Intelligencer

Have you ever been surprised by what you find when searching for yourself online? For some, unflattering photos, outdated personal information, embarrassing posts and inaccurate new stories may be just a click away.

By Jeffrey N. Rosenthal

8 minute read

June 26, 2014 | The Legal Intelligencer

What do dentists, wedding photographers, moving companies, locksmiths and online retailers all have in common? Answer: They have each tried to limit negative online customer reviews via nondisparagement clauses in their service agreements.

By Jeffrey N. Rosenthal

8 minute read

February 25, 2014 | The Legal Intelligencer

Americans spend an estimated 20 percent of their free time on social media sites. Posting photographs, status updates, travel logs, streams of consciousness, rants and all manner of things online to enable friends and family to peer into one's life has become commonplace.

By Jeffrey N. Rosenthal

8 minute read

November 26, 2013 | The Legal Intelligencer

Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril.

By Jeffrey N. Rosenthal

7 minute read