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Criminalizing the Internet – Websites as ‘Trap and Trace Devices’ Under CIPA

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet. ...more

FCC Chairwoman Circulates Proposed Rulemaking Requiring Disclosure of AI-Generated Content in Political Ads on TV and Radio

This latest Federal Communications Commission (FCC) action addressing artificial intelligence (AI) would, if adopted, aim to protect voters against deceptive information, including “deep fakes,” in political ads. Pursuant...more

Class Action Year in Review: Wiretapping Update From Class Action to Mass Arbitration

In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more

ArentFox Schiff's 2023 Class Action Year in Review

ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

New TCPA Rules For Prerecorded Calls To Landlines Take Effect July 20

Major changes to the Telephone Consumer Protection Act (TCPA) regulations applicable to unsolicited informational robocalls to landlines are coming into effect on July 20, 2023. As anyone with a landline telephone during...more

FCC Provides Some Clarity On Healthcare Messages, Indirectly Confirms No Requirement To Use Free-To-The-End-User Texts

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human...more

New Class Action Alert: VPPA Claims

The newest old privacy law being weaponized in consumer class actions is the Video Privacy Protection Act (VPPA), a Reagan- era law passed in the wake of Judge Robert Bork’s video rental history being leaked to the...more

Class Action Year in Review

The Latest Trends and Developments in the Class Actions World - Labor & Employment- Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more

The Rise Of The Self-Tapping Website? State Wiretapping Class Actions Take Off After Two Recent Circuit Court Decisions

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software....more

Timing Is Everything: Ninth Circuit Addresses Chatbot Consent Requirements

According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...more

HHS Asks FCC To Clarify TCPA Rules for Health Care Messages

Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs. The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human...more

FCC Rules Requiring Broadcasters To Disclose Foreign-Sponsored Programming Become Effective

Rules Effective Now for New Program Leasing Agreements, Although Appeal is Pending - The FCC has announced the effectiveness of rules that will now require broadcasters to disclose when foreign governments or their...more

FCC Seeks Public Comment on the Current and Future Regulation of the "Internet of Things"

Initial Comments Requested by November 1, 2021 - In a Notice of Inquiry, the FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of Things” for the...more

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Class Action Quarterly Update: TCPA

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Virginia Consumer Data Protection Act: Here Comes the Next State Privacy Law of the Land

2021 is off to a strong start in privacy legislation with Virginia passing the second state comprehensive consumer privacy law in the US. Who Is Covered? - The Virginia Consumer Data Protection Act (CDPA) applies to...more

Class Actions Quarterly Update: What You Need To Know About The TCPA Landscape This Election Season

During this past political season, there’s no doubt that candidates and political groups were urging their supporters – and complete strangers – to get to the polls by sending an unprecedented amount of text messages. But...more

New Federal Emergency Calling Requirements Take Effect For Enterprise Telephone Systems and Interconnected VoIP Services

On January 6, 2021, the Federal Communications Commission’s (FCC) location requirements go into effect for fixed multi-line telephone systems (MLTS) and interconnected VoIP services, which now include outbound-only VoIP...more

FCC’s New Foreign Ownership Review Rules Set To Take Effect

For the first time, the FCC will have formal rules governing the process for Team Telecom review of license applications involving foreign ownership. The FCC, however, declined to adopt exclusions for applications that have...more

The Divided States of America – Mass Texting Edition

There are two wildly different interpretations of what constitutes an autodialer under the TCPA currently employed by different federal circuit courts. As Election Day approaches, there’s no doubt that candidates and...more

10/26/2020  /  Auto-Dialed Calls , FCC , Robocalling , SCOTUS , TCPA

White House, Through NTIA Petition Filed With FCC, Seeks to Curb Social Media Provider Immunity

In response to President Trump’s May 28, 2020 Executive Order on Preventing Online Censorship, the National Telecommunications and Information Administration (NTIA) filed a Petition for Rulemaking at the Federal...more

What Trump’s Executive Order Could Do to Social Media Provider Immunity

Section 230(c) of the Communications Decency Act, which has been around for more than 20 years, gives online platform providers and others protection from claims that information posted on their sites by third parties...more

Team Telecom Emerges From the Shadows; FCC Gets Aggressive With Chinese Telecoms

On April 4, 2020, President Trump issued Executive Order (EO) 13913, “Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.” The EO formalizes “Team...more

Proposed Legislation May Put a Stop to Robocalls But Will Impose Additional Considerations for Service Providers and the Telecom...

The software, known as Secure Telephone Identity Revisited (STIR) and the Signature-based Handling of Asserted Information Using toKENs (SHAKEN) are telecom industry standards, which enable telephone service providers to...more

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