Tag Archives: FCC

Will More States Follow New York’s Lead?

As you know if you regularly read this blog, the New York State DFS finally finalized its “first-in-the-nation” cybersecurity rules with an effective date of March 1, 2017. And their reach is quite large: DFS-supervised entities from insurers and banks to mortgage brokers and credit unions (and their third-party service providers) will have to begin … Continue Reading

FCC Adopts New Privacy Rules

Late last month, the Federal Communications Commission adopted new privacy rules for broadband Internet service providers (ISPs).  We first discussed this topic in March when the proposal was introduced by the FCC Chairman.  The rules are intended to protect the privacy of consumers and to provide customers with meaningful choice, greater transparency, and strong security … Continue Reading

FCC Chair Proposes New Broadband Rules

One year ago, in March 2015, the Federal Communications Commission (“FCC”) reclassified broadband Internet access service as a common carrier Telecommunications Service subject to regulation under Title II of the Communications Act.  At that time, however, the FCC recognized that the then-current rules were not well suited to broadband privacy.  On March 10, 2016, the … Continue Reading

Internet of Things Bill Introduced

Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the Internet of Things (IoT). The Developing Innovation and Growing the Internet of … Continue Reading

FCC Data Security Enforcement Continues

Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly protect its customers’ personal information.  The agreement ends the first data security enforcement action brought by the FCC against … Continue Reading

6 Best Practices For Avoiding TCPA Violations As The Scope Of Liability Under The Statute Swells

As we have previously discussed, the Federal Communications Commission (the “FCC”) recently issued a Declaratory Ruling (“Declaratory Ruling”) that, among other things, likely exposes companies to even greater liability under the Telephone Consumer Protection Act (the “TCPA”). The TCPA regulates communications, from companies to their consumers, that utilize an automatic telephone dialing system (“ATDS”).  Under the … Continue Reading

FCC Settles First Data Security Action

UPDATE:  The Federal Communications Commission (FCC) has reached a settlement with two telecom companies in connection with allegations the telecom companies violated the law regarding the privacy of phone customers’ personal information. As we previously reported and discussed, in October 2014 the FCC initiated its first data security case against TerraCom, Inc. and YourTel America, … Continue Reading

FCC Releases TCPA Omnibus Declaratory Ruling

As anticipated, on July 10, 2015, the Federal Communications Commission (FCC) released its Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling which had previously been approved on June 18, 2015.  The Declaratory Ruling takes effect immediately. In short, the Declaratory Ruling provides numerous rulings including: Dialing equipment that simply has the capacity to store or … Continue Reading

FCC Strengthens Consumer Protections Under TCPA

Yesterday, the Federal Communications Commission (FCC) adopted a package of declaratory ruling which is meant to provide clarity to the Telephone Consumer Protection Act (TCPA).  This ruling was previously proposed by FCC Chairman Tom Wheeler on May 27, 2015. According to the FCC, the declaratory ruling is meant to protect consumers against unwanted robocalls and … Continue Reading

FCC Chairman Circulates Proposal to Address TCPA Violations

Last week, Federal Communications Commission (FCC) Chairman Tom Wheeler circulated proposed declaratory rulings to provide clarity for consumers and businesses regarding the Telephone Consumer Protection Act (TCPA).  The proposal addresses two dozen petitions that sought clarity on how the FCC enforced the TCPA.  In addition to circulating his proposal to the other FCC commissioners for … Continue Reading

Top 15 for 2015 – Happy National Data Privacy Day

In honor of National Data Privacy Day, we provide the following “Top 15 for 2015.”  While the list is by no means exhaustive, it does provide some hot topics for businesses to consider in 2015. Inside Threats for Healthcare Providers and Business Associates.  While news reports of security risks often focus on hackings and breaches … Continue Reading

FCC Promises Action Against Those Who Fail to Safeguard

On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies. In the response, Chairman Wheeler reiterated the need for FCC action in this area and explained that consumers regularly entrust their most personal, confidential, and sensitive information … Continue Reading

FCC Seeks Comment on Exemption Petition Re: Breach Notification

Many of us have likely received a notification from our bank or credit card company concerning suspected fraud or improper charges.  However, the legality of those messages is not always clear.  To this end, on October 14, 2014, the American Bankers Association (Association) filed a petition for exemption requesting that the Federal Communications Commission (FCC) exempt … Continue Reading

California District Court – “Under TCPA Autodialer Must Generate Numbers”

One of the most complex issues under the Telephone Consumer Protection Act (TCPA) is determining whether the technology utilized qualifies as an “automatic telephone dialing system” (ATDS) or “autodialer.”  The TCPA prohibits using an ATDS to make calls to cell phone numbers, absent prior consent of the called party.  An ATDS  is generally define as … Continue Reading

FCC Clarifies Solicited Fax Rule

Just before the tricks and treats began, the FCC issued an order about another tricky practice—junk faxes.  On October 30, 2014, FCC confirmed that all fax ads must contain an opt-out provision and comply with the rules set out in FCC’s 2006 Junk Fax Order.  There is a six-month window for companies to come into … Continue Reading

Video Interview: Discussing the FCC’s Recent Data Security Action with LXBN TV

Following up on our recent post on the subject, I had the opportunity to speak with Colin O’Keefe, Editorial Manager-LexBlog, on the FCC’s first foray into policing a cybersecurity incident. In the brief video interview, I explain what happened and what it could mean going forward.  Special thanks to Colin, and LXBN TV, for the … Continue Reading

On the Heels of FTC, FCC Joins GPEN to Better Watch Data Abroad

Data is rarely still. It is captured, processed and moved around the world at speeds we wouldn’t have dreamed possible 20 years ago. Data often disrespects borders. By way of example, companies often mistakenly store personal data in the cloud to be accessed by multiple international locations, without considering the legal rights of the data … Continue Reading

FCC Issues First Data Security Fine

On October 24, 2014, the Federal Communications Commission (FCC) announced its intention to fine two telecom companies $10 million for several violations of laws protecting the privacy of phone customers’ personal information.  This marks the FCC’s first data security case and the largest privacy action in the FCC’s history. According to the FCC, TerraCom, Inc. … Continue Reading

FTC Investigates Cloud Computing

Last month, we briefly discussed "cloud computing," along with some issues that should be considered when deciding whether to adopt this new technology. Our post focused on data privacy and security issues. As reported by Kim Hart, of The Hill’s Technology Blog, a December 9, 2009, Federal Communications Commission filing states that the Federal Trade Commission is in the process … Continue Reading
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