Recent developments from the Federal Communications Commission (FCC) signal a renewed focus on leveraging the blunt instrument of regulation to spur telecommunications competition in apartment buildings, shopping malls, and...more
Uncertainty over the definition of an “automatic telephone dialing system” (ATDS or autodialer) under the Telephone Consumer Protection Act (TCPA) has fueled a steady flow of litigation for over a decade. ...more
The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more
9/15/2020
/ ATDS ,
Auto-Dialed Calls ,
Certiorari ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
Petition for Writ of Certiorari ,
Popular ,
Random or Sequential Number Generator ,
SCOTUS ,
Split of Authority ,
TCPA
COVID-19 and IT service provider contracts: A checklist for force majeure events -
The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business...more
On June 6, 2020, the U.S. Supreme Court issued its decision in Barr v. American Association of Political Consultants, Inc., et al., settling an issue that has lingered over litigation under the Telephone Consumer Protection...more
7/9/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Cell Phones ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Exceptions ,
Federal Bans ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Robocalling ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act...more
Recent developments have positioned the Executive Branch to exert greater influence over the U.S. telecommunications sector. On April 4, 2020, President Donald Trump issued an Executive Order creating a new process for...more
On March 23, 2020, President Trump signed the Broadband Deployment Accuracy and Technological Availability (DATA) Act. The law requires the Federal Communications Commission (FCC) to collect and disseminate more granular data...more
Health care providers and government officials have more clarity regarding the ability to place certain calls and texts about the novel coronavirus, thanks to recent action by the Federal Communications Commission (FCC)....more
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more
Kari’s Law, signed into law on February 16, 2018, requires organizations that use multi-line telephone systems (MLTS) to provide callers with the ability to dial 911 directly from any telephone in the system. MLTS are often...more
On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more
1/31/2020
/ Ambiguous ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Hilton ,
Marketing ,
Popular ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier...more
12/23/2019
/ ATDS ,
Attorney General ,
Auto-Dialed Calls ,
Broadband ,
Call Blocking ,
Caller ID Services ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Homeland Security (DHS) ,
FCC ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Penalties ,
Pending Legislation ,
Prior Express Consent ,
Regulatory Agenda ,
Regulatory Standards ,
Regulatory Violations ,
Robocalling ,
Scams ,
TCPA ,
Telecommunications ,
U.S. Commerce Department ,
US Department of State ,
Working Groups
On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission. Lisa Porter,...more
11/13/2019
/ 5G Network ,
Cell Towers ,
Cybersecurity ,
Department of Defense (DOD) ,
FCC ,
Infrastructure ,
Internet of Things ,
NTIA ,
Popular ,
Private Sector ,
Request for Proposals ,
Supply Chain ,
Telecommunications ,
Training ,
Trump Administration ,
Wireless Industry ,
Wireless Technology
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more
10/9/2019
/ Consumer Privacy Rights ,
Enforcement Authority ,
FCC ,
New Legislation ,
Regulatory Authority ,
Regulatory Requirements ,
Robocalling ,
Spoofing ,
State and Local Government ,
TCPA ,
Telecommunications ,
Unfair or Deceptive Trade Practices
On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic. The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal...more
6/24/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. ...more
A Hogan Lovells study comparing regulatory requirements in the European Union, China, and the United States shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe.
...more
3/20/2019
/ 5G Network ,
Artificial Intelligence ,
China ,
EU ,
Infrastructure ,
Internet of Things ,
Net Neutrality ,
Popular ,
Regulatory Standards ,
Telecommunications ,
Wireless Industry
Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage...more
In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III...more
Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more
On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer...more
Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”). Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form...more
1/24/2017
/ Consumer Contracts ,
Consumer Review Fairness Act (CRFA) ,
Federal Trade Commission (FTC) ,
New Regulations ,
Non-Disparagement Provisions ,
Online Platforms ,
Online Reputation ,
Online Reviews ,
Reputation Management ,
Reputational Injury ,
Technology ,
Unenforceable Contract Terms ,
Yelp
Leaders from the public and private sectors recently analyzed the relationship between federal spectrum policy and the Internet of Things (IoT) at the Fifth Annual Winnik International Telecoms and Internet Forum. In a...more