Tag Archives: FCC

California Bill SB-208 Tackles Pervasive Robocalls

Photo of Veronica ReynoldsBy Kamran Salour and Veronica Reynolds on Posted in Mobile Privacy
On Sept. 11, 2019, the California State Senate approved the Consumer Call Protection Act of 2019, SB-208. The measure seeks to protect consumers from fraudulent robocalls and enact into law provisions that, despite strong support from Federal Communications Commission (FCC) Chairman Ajit Pai, have not been enacted on the federal level.[1] The bill empowers the … Continue Reading

Revocation of Consent Under the TCPA

By Moustafa Badreldin on Posted in Mobile Privacy, Privacy Litigation
The Telephone Consumer Protection Act (TCPA) was enacted as a consumer protection measure against companies that engage in telemarketing practices. The basic principle of the TCPA is that it seeks to prohibit a company from making “any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without … Continue Reading

FCC Broadband Privacy Rule On Hold, Likely Dead

Photo of Stephanie LucasBy Alan L. Friel and Stephanie Lucas on Posted in Online Privacy
The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously detailed what the Privacy Rule would require and when in prior blog posts available here and here. However, on March 1, 2017, … Continue Reading

FCC Closes Year With Enforcement Advisory on Text Messages

By Alan L. Friel on Posted in Mobile Privacy
Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus Ruling and Order),[1] which we discussed then here, the Commission, in a formal Enforcement Advisor (Advisory), has warned companies that use … Continue Reading

FCC’s Final Privacy Rule – How Final Is It?

By Alan L. Friel and Suchismita Pahi on Posted in Cybersecurity
The Federal Communications Commission (FCC) adopted an order on Oct. 27, 2016, which started to go into effect this month, regarding privacy and data security obligations for broadband internet access service (BIAS) providers and other telecommunications carriers under its jurisdiction, which were expanded in 2015 by the Open Internet rules (Privacy rule). Buzz around the … Continue Reading

FCC Wades Back Into Data Privacy and Security for ISPs With Revised Privacy Proposal

By Alan L. Friel and Suchismita Pahi on Posted in Cybersecurity, Enforcement
Recently, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler circulated to the Commission a revised proposed order to regulate the data privacy and security practices of internet service providers (ISPs) (also known by the Commission as broadband internet access service (BIAS) providers). We previously wrote about the Commission’s initial proposal in this regard (available … Continue Reading

Court of Appeals Upholds FCC’s Net Neutrality Rules and Regulatory Authority

By Suchismita Pahi and Alan L. Friel on Posted in Enforcement, Privacy Litigation
On June 14, 2016, the D.C. Court of Appeals ruled 2-1 in favor of the Federal Communication Commission’s (FCC) net neutrality rules, which the commission approved on February 26, 2015 (published March 12, 2015). This reclassified broadband internet access service (BIAS) as a telecommunications service under Title II of the Communications Act, affording the FCC … Continue Reading

New Cop on the Block – FCC’s Proposed Data Privacy and Security Rulemaking for Broadband Internet Access Providers

By Alan L. Friel and Suchismita Pahi on Posted in Cybersecurity
In 2015, the Federal Communications Commission (FCC or global Commission) issued its Open Internet Order, applying Section 222 of the federal Communications Act to broadband Internet access services (BIAS), and in doing so took jurisdiction over privacy and data security matters for Internet Service Providers (ISPs). In doing so, it declined requests by some advocacy … Continue Reading

FCC’s Growing Privacy and Data Security Enforcement

Photo of Patrick H. HaggertyBy Patrick H. Haggerty and F. Paul Pittman on Posted in Data Breaches, Enforcement
The Federal Communications Commission (FCC) has had a busy 2015, and its presence in the data security regulatory enforcement space will likely continue to grow. Last year, the FCC named Travis LeBlanc as chief of the Enforcement Bureau. Since then, the FCC has brought three separate enforcement actions against companies for allegedly not safeguarding consumers’ … Continue Reading

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

By Daniel Goldberg on Posted in Mobile Privacy
Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection Act (“TCPA”) class action on grounds that the plaintiff failed to allege that the defendant used an Automatic Telephone Dialing System … Continue Reading

FCC Shows Hand on Regulation of Edge Providers

By F. Paul Pittman on Posted in Online Privacy
In a prior post, we commented on how the recent expansion of the FCC’s authority to regulate the privacy practices of Internet service providers (ISPs) has ignited calls for further expansion of the FCC’s authority to cover “edge providers” – online companies that offer services, content, products, and applications over the broadband Internet service provided … Continue Reading

FCC’s New TCPA Order May Require Companies to Obtain Updated Consents for Marketing Calls and Texts

Photo of Melinda L. McLellanBy Tanya Forsheit, Alan L. Friel and Melinda L. McLellan on Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
Last week we published an overview of key issues raised by the Federal Communications Commission’s July 10, 2015, Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the “July 2015 Order”). The July 2015 Order responded to 21 requests for clarification concerning previous rules and orders the FCC has issued pursuant to the TCPA, … Continue Reading

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

Photo of Melinda L. McLellanBy Tanya Forsheit and Melinda L. McLellan on Posted in Enforcement, Marketing, Mobile Privacy, Privacy Class Actions, Retail Industry
On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the Telephone Consumer Protection Act (TCPA) and previous rules and orders issued by the Commission. The Order, which took effect immediately upon release, is … Continue Reading

As FCC Flexes New Consumer Protection and Privacy Regulatory Enforcement Muscles Against ISPs, Some Call for Expanded Authority Over Online Services

By F. Paul Pittman on Posted in Big Data, Information Security, Mobile Privacy
The Federal Communications Commission (FCC) has imposed a record $100M forfeiture fine against a global telecommunications company for alleged deceptive data plan promotions. The FCC’s fine comes on the heels of revisions to its 2010 Open Internet rules that expanded its enforcement authority over “telecommunications service” providers to cover broadband Internet service providers (ISPs). Under … Continue Reading

FCC Plans $10 Million Cybersecurity Fine Against Two Telecoms

Photo of Craig A. HoffmanBy Craig A. Hoffman and Charles Shih on Posted in Cybersecurity
On October 24, 2014, the Federal Communication Commission (“FCC”) took a big step into the cybersecurity regulatory space when it announced its intent to assess a $10 million fine against two telecoms, TerraCom and YourTel America (“Companies”), for failing to protect the privacy of personal information the Companies collected from consumers. According to the FCC, … Continue Reading

Are You Ready for the New Telephone and Text Marketing Rules?

Photo of Gerald J. FergusonBy Gerald J. Ferguson on Posted in Marketing, Mobile Privacy
Effective October 16, 2013, the rules governing telephone and text marketing will significantly change. Under prior Federal Communications Commission (FCC) regulations issued under the Telephone Consumer Protection Act (TCPA) (47 U.S.C. 227), telephone and text marketers could telephone and text market to consumers’ residential phones using autodialing equipment that is standard in call center operations, … Continue Reading

Mobile App and Geolocation Data Roundup

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising, Children’s Privacy, Mobile Privacy
A recent national survey of smartphone users, not surprisingly, revealed that privacy, transparency, choice, and control are important considerations for users.  Indeed, many users indicated that they want more choices and easier access to controls regarding advertising tracking and geolocation data.  Legislators and consumer advocacy groups are taking heed. On May 10, 2011, the Senate … Continue Reading
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