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FTC Act Telecommunications

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Wiley Rein LLP

The Supreme Court Overruled Chevron. What Comes Next For Telecommunications, Media, and Technology?

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On Friday, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court held that federal agencies are no longer entitled to deference when they interpret ambiguous statutes. Loper Bright thus overrules an earlier Supreme...more

Hinch Newman LLP

California Federal Court Holds RVM Platform Provider Not Liable for Violation of Telemarketing Sales Rule

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In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Wiley Rein LLP

FCC Kicks Off Voluntary IoT Security Label Program With Big NPRM

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In a new Notice of Proposed Rulemaking (NPRM), the Federal Communications Commission (FCC) imposes a short comment deadline for a complex new cybersecurity labeling regime for Internet of Things (IoT) devices. The NPRM also...more

Wiley Rein LLP

Wireless Roundup (October 2022)

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FCC Seeks Comment on Call Authentication Trust Anchor: In this Public Notice, the Wireline Competition Bureau (WCB or Bureau) of the Federal Communications Commission (FCC or Commission) requests comment on “address[ing] two...more

Hogan Lovells

N.D. Cal. Bench Trial Finds Qualcomm Licensing Practices Breached U.S. Antitrust Law and FRAND Contractual Obligations, Orders...

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In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more

Perkins Coie

FTC v. Qualcomm Decision—Qualcomm Enjoined From Anticompetitive Practices, Creating Standard-Essential-Patent Licensing...

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Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the Federal Trade Commission (FTC) last week in its antitrust enforcement action against Qualcomm, and issued an injunction that, if...more

Wilson Sonsini Goodrich & Rosati

"Two Cops On the Beat Is Nothing Unusual": Ninth Circuit Reverses Panel Decision, Rules FTC Act's "Common Carrier" Exemption is...

On February 26, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an en banc decision in FTC v. AT&T holding that the Federal Trade Commission (FTC) Act’s “common carrier” exemption is activity-based, reversing the...more

Kelley Drye & Warren LLP

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more

Hogan Lovells

Ninth Circuit decision reaffirms the FTC's jurisdiction in overseeing broadband markets

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On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more

Kelley Drye & Warren LLP

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not...

The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more

Manatt, Phelps & Phillips, LLP

Net Neutrality: From Rules to Enforcement

To say that strong passions have surrounded the recent Federal Communications Commission vote to reverse 2015’s net neutrality rules is putting it mildly. There are stories that FCC Chairman Ajit Pai has endured racist...more

Kelley Drye & Warren LLP

On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight...

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On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to...more

Balch & Bingham LLP

FTC and FCC Outline Memorandum of Understanding to Coordinate Online Consumer Protection Following Adoption of the FCC’s Restoring...

Balch & Bingham LLP on

Yesterday, the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) announced their intent to coordinate which of the two agencies would coordinate online consumer protection efforts following the...more

Kelley Drye & Warren LLP

Court Rules in FTC’s Favor on “Common Carrier” Status in Cramming Case

On an issue that takes on new-found importance after FTC v. AT&T Mobility, a federal court in Montana granted summary judgment in favor of the Federal Trade Commission (FTC) in a case alleging that the defendants violated the...more

Hogan Lovells

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

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The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Removes FTC From The Beat: Agency Lacks Authority To Police Common Carriers Engaged In Non-Common Carrier Activities

The Federal Communications Commission (“FCC”) asserted broad regulatory authority over the Internet and broadband Internet service providers when it reclassified Internet access service as a “common carrier” service under...more

Perkins Coie

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

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The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

Proskauer - New Media & Technology

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit’s Rejection of FTC Authority Over “Throttling” Could Have Far Reaching...

On August 29th, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that...more

Womble Bond Dickinson

One Less Sheriff In Town: Ninth Circuit Rules that Communications Common Carriers are Exempt from FTC Enforcement

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On August 29, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a major decision restructuring how common carriers are regulated at the federal level. The Ninth Circuit interpreted Section 5 of the FTC Act, which...more

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