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FCC Seeks Comment on Issues Arising from Appellate Reversal of Portions of TCPA Omnibus Order in ACA International

The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on the Telephone Consumer Protection Act (TCPA) definition of “automatic telephone dialing system” (or “autodialer”), potential liability for calls to reassigned phone numbers, and related issues following the D.C. Circuit’s recent decision vacating certain parts of the FCC’s …

Reinstated CPNI Regulations Require Providers to File Annual FCC CPNI Certification by March 1, 2018

As we previously advised, the Federal Communications Commission (FCC) reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of telecommunications and VoIP service providers under Section 222. As a result, the annual certification for calendar year 2017 must be filed with the FCC by March 1,

FTC Issues Staff Report on Consumer Recognition of Paid Advertising

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising.” The report is a summary of research conducted by the agency …

FCC Targets “Robocalls” By Enabling Voice Providers to Block Inherently Suspect Phone Numbers

The Federal Communications Commission (FCC) has adopted rules aimed at reducing the incidence of “robocalls” by allowing voice service providers to block, before they reach consumers, calls that originate from phone numbers that strongly suggest the call is illicit. Such autodialed, usually prerecorded calls, the FCC says, often involve scams …

FCC Proposes New Systems to Reduce Illegal Robocalls and Announces Fine Against Autodialing Platform

The Federal Communications Commission (FCC) marked another step in its effort to curtail illegal robocalls. During its recent Open Meeting, the FCC approved Notices of Inquiry (NOIs) into Call Authentication methods and into Advanced Methods to Target Unlawful Robocalls that, respectively, seek input on efforts to institute a caller ID-based …

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6506, to “reflect developments in the marketplace—for example, the introduction of internet-connected toys and other devices for kids.” COPPA …

FCC Reinstates CPNI Privacy Regulations (and Compliance Filing Obligations) for Telecom and VoIP Service Providers

In a recent order, the FCC has reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of voice service providers under Section 222. This action follows the Congressional repeal of the FCC’s 2016 Privacy Order that had extended CPNI regulations to broadband internet access services. As …

Federal Appeals Court Affirms TCPA Consent Cannot Be Revoked if Granted By Contract

Last week the U.S. Court of Appeals for the Second Circuit ruled in Reyes v. Lincoln Automotive Financial Services that a consumer does not have the right to revoke consent to autodialed and/or prerecorded calls to his a mobile device where consent was part of a bargained-for agreement between the …

Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely

On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures, consent, and unsubscribe requirements for commercial electronic messages and installation of computer programs, which we discuss here

FCC Releases Text of Broadband ISP Privacy Rules

The Federal Communications Commission released the full text of its anticipated privacy rules for internet service providers (ISPs), telecommunications carriers, and interconnected VOIP providers.

Broadly speaking, these rules require covered providers to:

  1. notify customers of their uses of data;
  2. permit customers to opt-in to uses of sensitive data and opt-out

It’s Official: The FCC Has Adopted New Privacy and Security Rules for ISPs Following a 3-2 Vote Along Partisan Lines

DWT is committed to providing the latest updates on the FCC’s privacy rules. Please see our special blog post series on the FCC’s new privacy rules.

Today, the FCC formally adopted on a 3-2 party-line vote an order that enacts a new privacy and security regime for Internet service providers …

Advisory Alert: First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy Protection Act (“VPPA” or “Act”) in the digital media context. The court …

FCC to Initiate Privacy Rulemaking in “Autumn”

 ISPs Subject to Enforcement of Morphing “Reasonable, Good Faith” Efforts in Interim

At a speech at the Brookings Institution on Friday, Chairman Wheeler stated that the Commission intends to issue a Notice of Proposed Rulemaking to begin the process of developing privacy rules applicable to broadband Internet providers.  As discussed …

Open Internet Webinar

June 11, 2015
1:00 PM – 2:00 PM EDT
CLE

Please join us for an interactive discussion on the FCC’s new “Open Internet” (a.k.a. net neutrality) rules on the eve of their effective date to learn how these sweeping new regulations may impact your business operations.

Agenda

  • Overview & June
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