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
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
SCOTUS: Offer of Judgment Does Not Moot TCPA Case
Today, in a 6-3 decision, the Supreme Court of the United States held in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. As previously discussed, the Supreme Court granted a petition for a writ of certiorari on May 18, 2015 and heard arguments in
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
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”).
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
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
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
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
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