In a September 2024 opinion, the United States District Court, Southern District of New York (SDNY) addressed the conditions for transfer of consent under the FCC’s Telephone Consumer Protection Act (TCPA) Do Not Call (DNC)...more
In February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that...more
The Federal Communications Commission (“FCC”) has unanimously approved a Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”), proposing first-of-their-kind AI-generated robocall and robotext rules that would...more
In April, the Federal Communications Commission (FCC or Commission) adopted its Net Neutrality Order which once again reclassified Broadband Internet Access Service (BIAS) as a Title II, common carrier service. ...more
7/31/2024
/ Broadband ,
Bulk Purchasing ,
Cable Operators ,
Commercial Property Owners ,
Common Carriers ,
Communications Act of 1934 ,
FCC ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Open Internet Rules ,
Opt-Outs ,
Pending Litigation ,
Rental Property ,
Residential Property Owners ,
Telecommunications ,
Title II
In this first-of-its kind enforcement action, the FCC has proposed forfeitures not only against a party for allegedly instigating a deepfake, robocall campaign, but also against the voice provider for alleged STIR/SHAKEN...more
The FCC has adopted a Report and Order imposing a number of new TCPA caller and sender compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise...more
2/23/2024
/ Artificial Intelligence ,
Cell Phones ,
Comment Period ,
Consent ,
Declaratory Rulings ,
Do Not Call List ,
FCC ,
Lead Generators ,
Natural Language Processing ,
New Rules ,
NPRM ,
Prior Express Consent ,
Revocation ,
TCPA ,
Totality of Circumstances Test
On February 2, the FCC unanimously adopted a declaratory ruling, effective immediately, confirming the seemingly unremarkable conclusion that artificial intelligence (“AI”) generated messages or voice calls fall within the...more
2/15/2024
/ Artificial Intelligence ,
Cease and Desist ,
Clones ,
Declaratory Rulings ,
Deep Fake ,
Enforcement Actions ,
FCC ,
Robocalling ,
Spoofing ,
TCPA ,
Unsolicited Phone Calls
On December 18, 2023 the FCC released a Second Report and Order, Second Further Notice of Proposed Rulemaking (FNPRM), and Waiver Order, which it considered and adopted at its December Open Meeting, furthering what it...more
1/4/2024
/ Call Blocking ,
Comment Period ,
Do Not Call List ,
Email ,
Enforcement Authority ,
FCC ,
Lead Generators ,
NPRM ,
Opt-In ,
Prior Express Consent ,
Robocalling ,
TCPA ,
Telecommunications ,
Text Messages
The FCC has adopted a Notice of Inquiry seeking public comment on the use of evolving AI technologies in robocall and robotext campaigns, potential consumer impacts, and associated issues surrounding TCPA compliance and the...more
11/27/2023
/ Analytics ,
Artificial Intelligence ,
Auto-Dialed Calls ,
Comment Period ,
Compliance ,
Facebook Inc v Duguid ,
FCC ,
Public Comment ,
Robocalling ,
TCPA ,
Text Messages
The FCC has adopted a Notice of Proposed Rulemaking proposing to further tighten and to codify in its rules various Commission declaratory rulings on TCPA consent requirements that are applicable to autodialed calls and...more
Ever wonder why you may be advised to scrub lists for reassigned numbers or use the FCC’s Reassigned Number Database prior to texting or calling numbers from a database? Well, here’s a great practical example. ...more
Consumer frustration with illegal robocalls and robotexts has placed the FCC’s related regulatory scheme top of mind for regulators and legislators alike.
FCC Chairwoman Jessica Rosenworcel recently sent a letter to...more
The U.S. Court of Appeals for the D.C. Circuit, in a unanimous decision, ruled that the Federal Communications Commission (FCC) exceeded its statutory authority in requiring, as part of a new foreign sponsorship...more
7/26/2022
/ Broadcasting ,
China ,
Communications Act of 1934 ,
Department of Justice (DOJ) ,
FCC ,
Foreign Agents Registration Act (FARA) ,
Foreign Governments ,
Russia ,
Sponsors ,
Statutory Authority ,
Television Broadcast Stations ,
Verification Requirements
Today, President Biden signed a sweeping Executive Order containing 72 directives for more than a dozen federal agencies to impose regulations, largely aimed at Big Tech and Telecom to reshape and promote competition within...more
7/16/2021
/ Antitrust Division ,
Biden Administration ,
Big Tech ,
Broadband ,
Department of Justice (DOJ) ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Telecommunications ,
Transparency
The COVID-19 pandemic highlighted significant gaps in the availability of broadband access faced by millions of rural and low-income Americans, and the vulnerability of our broadband networks to single points of failure and...more
The Federal Communications Commission’s (FCC or Commission) Enforcement Bureau (Bureau) has announced that it has begun targeting property owners and managers for knowingly permitting illegal AM and FM radio broadcasting from...more
In a surprise move, Federal Communications Commission (FCC) Chairman Ajit Pai joined up last week with Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) Director Christopher Krebs to...more
6/5/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
FCC ,
Guidance Update ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Operators of Essential Services ,
Re-Opening Guidelines ,
Social Distancing ,
Telecommunications
On August 2, 2019, the Federal Communications Commission (“FCC” or “Commission”) released a Report and Order on 911 calling capability requirements that affect virtually anyone in the enterprise calling platform ecosystem,...more
On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more
The FCC is expected to consider two items at its December 12, 2018 open meeting that will be of significant interest to TCPAland. Ok, don’t get too excited. Decision on the ACA public notice is not on the agenda, but we’re...more
As we previously reported, California enacted the Nation’s toughest net neutrality law, SB 822, seeking to restore the Obama-era Net Neutrality rules, which were repealed by the current FCC in an order released earlier this...more
In a Press Release earlier this week, FCC Chairman Pai gave his blessing to a report of the North American Numbering Council on “SHAKEN/STIR”, an industry-developed set of protocols and operational procedures for the...more
The introduction of new and innovative communications and consumer electronics technologies typically requires years-long FCC proceedings to change service rules and technical requirements applicable to the use of radio...more
In this Client Alert, we provide a deep dive on the FCC’s recent Declaratory Ruling, Report and Order, and Order, that largely repeals the so-called “Open Internet” regulatory framework implemented by the prior FCC Chairman...more
2/6/2018
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Commercial Mobile Radio Service (CMRS) ,
Communications Act of 1934 ,
Competition ,
Data Security ,
Disclosure Requirements ,
FCC ,
Federal Trade Commission (FTC) ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Popular ,
Reclassification Rules ,
Repeal ,
Section 706 ,
Telecommunications ,
Title II ,
Transparency ,
Verizon ,
Websites
We all get them. Repeated marketing calls to our mobile and home phones with the incoming phone number altered to make it appear that it’s a local call, when in fact, the call is from a robo-scammer using IP technology to...more
7/5/2017
/ Citations ,
Civil Monetary Penalty ,
Consumer Fraud ,
Enforcement Actions ,
False Statements ,
FCC ,
Misleading Statements ,
Notice of Apparent Liability (NAL) ,
Robocalling ,
Spoofing ,
TCPA ,
Telemarketing ,
Truth in Caller ID Act of 2009 (TICIDA)