Robocalls: everyone receives one or two, but more likely dozens. While some are helpful, most are annoying, and the worst can result in financial fraud. While the FCC and Congress have been taking steps toward addressing the issue, state attorneys general (AGs) have taken the first major action to end unwanted robocalls. On August 22, AGs … Continue Reading
In one of his earliest official acts, President Trump appointed FCC Commissioner Ajit Pai as the long-term Chairman of the FCC. While many thought Commissioner Pai was the most likely candidate to be named interim Chairman of the Commission, President Trump skipped the interim step and immediately appointed Chairman Pai on a long-term basis. This … Continue Reading
Last week, the FCC’s Enforcement Bureau issued an enforcement advisory reiterating its position that autodialed text messages must comply with requirements set forth in the Telephone Consumer Protection Act (TCPA). Though it is unclear what prompted this specific advisory (perhaps, the upcoming holiday season), the Enforcement Bureau issued the warning in order to promote understanding … Continue Reading
On October 27, 2016, the FCC adopted a new set of privacy and data security regulations applicable to “broadband service providers and other telecommunications carriers.” The rules place new restrictions on internet service providers’ (“ISPs”) ability to use and share their customers’ data. The Commission established two data classifications: (1) sensitive information, and (2) non-sensitive … Continue Reading
TCPA class actions continue to plague companies around the country, but a recent FCC ruling means that one big caller doesn’t have to worry: the federal government, as well as its contractors. On July 5, the Federal Communications Commission (FCC) issued a declaratory ruling that broadly exempted the federal government and its contractors from the … Continue Reading
Initial comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of contentious discussions throughout the federal government and the communications industry. Those discussions included a hearing earlier this month … Continue Reading
The Declaratory Ruling and Order issued by the Federal Communications Commission (“FCC”) July 10, 2015, clarified several sections of the Telephone Consumer Protection Act (“TCPA”), including addressing a petition filed by the American Association of Healthcare Administrative Management regarding “free, pro-consumer… healthcare-related messages,” and under what circumstances such messages are exempt from the TCPA’s requirement … Continue Reading
On July 9, 2015, the Federal Communications Commission settled its first data security case with two related telecommunications carriers – TerraCom, Inc. and YourTel America, Inc. – for $3.5 million. The settlement resolves the FCC’s investigation into whether the carriers violated the federal Communications Act of 1934, 47 U.S.C. section 151 et. seq. (the “Act”) … Continue Reading
This post was written by Judith L. Harris. On Friday, the Federal Communications Commission (FCC) released Public Notices seeking comment on two recently filed requests for guidance on different aspects of its February 2012 Report and Order creating enhanced compliance obligations under its Telephone Consumer Protection Act (TCPA) rules. Both requests relate to that aspect … Continue Reading
This post was written by Judith L. Harris and Jack Gindi. As we have reported in the past, the FCC, in a February 2012 Order, revised its TCPA rules to, among other things, “require prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and residential lines.” In the Matter of … Continue Reading
In recent years, there has been a heightened focus on the Telephone Consumer Protection Act and a boom in TCPA litigation. The formula for recovery may seem simple and with no statutory cap, class action damages under the TCPA can add up quickly. Since Congress first passed the TCPA in 1991, the statutory definition of … Continue Reading
While telemarketers, debt collectors and others wait for the Federal Communications Commission (FCC) to answer technical questions such as “EXACTLY what is an autodialer,” the FCC has just made clear that the agency, at least, knows one when it sees one! In companion orders released on Friday (3/15/13), the FCC issued citations to two robocallers … Continue Reading
This post was written by Amy S. Mushahwar. The Federal Communications Commission (FCC) acted today to tighten its rules under the Telephone Consumer Protection Act (TCPA) and conform them, to the extent possible, with the more stringent rules already in place at the Federal Trade Commission (FTC) under the Telephone Sales Rule (TSR). This change will … Continue Reading
This post was written by Kevin Xu and John Hines. On February 22, 2011, the Federal Trade Commission (“FTC”) filed a complaint against Phillip A. Flora (“Flora”) for an operation that allegedly blasted consumers with millions of illegal spam text messages, including many messages that deceptively advertised a mortgage modification website called “Loanmod-gov.net.” The FTC … Continue Reading
