Tag Archives: FCC

State attorneys general work with telecom giants to address robocalls

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

A Gentle Reminder from the FCC: Autodialed Text Messages Fall Under TCPA Restrictions

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

New Privacy Rules for Internet Service Providers

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

Federal Government and Its Contractors Exempt from the TCPA, FCC Rules

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

The FCC’s Broadband Privacy Proposal – Hit from All Sides

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

Clarification on the TCPA’s Exemption for Health Care-Related Calls

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

FCC Settles First Data Security Enforcement Action

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

FCC Creates Formal Opportunity To Be Heard on Two Aspects of Its Revised TCPA Rules Requiring Prior Express Written Consent

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

Imminent Effective Date of FCC’s Prior Express Written Consent Rule Under the TCPA

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

DING-A-LING-A-LING: The FCC Enforcement Bureau Calling!

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

FCC Approves Order to Tighten Regulatory Treatment of Robocalls Under the Telephone Consumer Protection Act

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

FTC Brings Enforcement Action against Text Messaging Spammer

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
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