With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more
We recently reported on two FCC declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA), in the context of social-network text messages and package-delivery calls, that included broad, business-friendly...more
The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more
The Federal Communications Commission (FCC) has issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA) as applied to prerecorded calls and autodialed calls and texts to cell phones. While the...more
But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome -
FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more
The next phase of Federal Communications Commission (FCC) requirements implementing the Twenty-First Century Communications and Video Accessibility Act (CVAA) is set to take effect for closed-captioning video programming...more
Under the provisions of the Children’s Online Privacy Protection Act (COPPA) Rule that invite proposals for new mechanisms for obtaining the verifiable parental consent required to collect, use and disclose personal...more
On Feb. 24, 2014, the FCC released the text of the Report and Order (R&O), Declaratory Ruling, and Further Notice of Proposed Rulemaking (FNPRM), which it adopted at its February Open Meeting, addressing the petition of...more
At its February 2014 Open Meeting today, the FCC approved new regulations governing the quality of closed captions that must appear in television programming. As noted in our earlier advisory, the long-awaited rules stem from...more
Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more
In its Tentative Agenda for its Feb. 20, 2014 open meeting, the Federal Communications Commission (FCC) states that it will adopt a Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking regarding...more
On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more
The Federal Trade Commission announced that it has approved a new method for companies to obtain parents’ verifiable consent for online collection and use of children’s personal information under the Children’s Online Privacy...more
Be sure to spend some time with our recent advisory on Canada’s Anti-Spam Law (CASL), now that compliance dates for rules governing commercial electronic messages (CEMs), software downloads, and related conduct have been set...more
Canada’s Department of Industry has published long-awaited Governor in Council regulations and announced key compliance dates necessary to implement Canada’s anti-spam law (CASL), which was enacted almost exactly three years...more
The U.S. Court of Appeals for the Seventh Circuit held in Patriotic Veterans v. Indiana that the state’s automatic dialing-announcing device (ADAD) statute is not preempted by provisions that govern prerecorded calls and...more
The Federal Trade Commission (FTC) voted thumbs down in its first ruling under the new streamlined process adopted in its Children’s Online Privacy Protection Act (COPPA) Rule review for additional methods of securing...more
The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more
The next phase of Federal Communications Commission (FCC) requirements implementing the 21st Century Communications and Video Accessibility Act (CVAA) is set to kick in for closed-captioning video programming delivered via...more
Companies that place prerecorded telemarketing calls, or that telemarket to cell phones via text-message or automatic telephone dialing systems, should be well on their way toward compliance with new FCC rules that take...more
In Padilla v. DISH Network L.L.C., a former subscriber alleged DISH failed to destroy his personally identifiable information (PII) upon cancellation of service, and failed to continue sending annual privacy notices while...more
The Federal Trade Commission has added to its recently revised “Frequently Asked Questions” (FAQs) to assist covered entities in complying with the first major update of regulations implementing the Children’s Online Privacy...more
The Federal Communications Commission’s (FCC) Media Bureau has issued a Public Notice seeking comment on inquiries related to the video description of video programming delivered via both television and the Internet....more
The Federal Communications Commission (FCC) has released an Order on Reconsideration and Further Notice of Proposed Rulemaking (FNPRM) affirming, modifying and clarifying certain aspects of its closed captioning rules for...more
The July 1, 2013, deadline for complying with the Federal Trade Commission’s (FTC) updated regulations implementing its Children’s Online Privacy Protection Act (COPPA Rule) is around the corner, as discussed in our post here...more