Tag Archives: Federal Communications Commission

D.C. Circuit Court Finally Rules on FCC’s 2015 TCPA Order

After two and a half years, the U.S. Court of Appeals for the District of Columbia issued a highly anticipated ruling reviewing the Federal Communications Commission’s (“FCC” or “Commission”) July 2015 Declaratory Ruling and Order (“2015 Order”) in which the FCC issued interpretative guidance on several aspects of the Telephone Consumer Protection Act (”TCPA”). Over … 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

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

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

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

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
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