Ernest Cooper

Ernest Cooper

Mintz Levin

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Latest Publications


FCC Releases Declaratory Ruling Clarifying and Expanding the Reach of the Telephone Consumer Protection Act

On July 10, 2015 the Federal Communications Commission (“FCC”) released a Declaratory Ruling and Order clarifying its interpretation of the Telephone Consumer Protection Act (“TCPA”) and expanding its reach. ...more

7/17/2015 - Auto-Dialed Calls Declaratory Rulings FCC Prior Express Consent Revocation Robocalling TCPA Telemarketing Text Messages

FCC’s Retroactive Solicited Fax Opt-Out Waiver Window Closing

Businesses that engage in fax advertising and solicitation should pay careful attention to the recent ruling by the Federal Communications Commission clarifying that even fax advertisements sent with the prior express...more

12/29/2014 - Advertising Faxes FCC Opt-Outs Prior Express Consent Waivers

Ninth Circuit Rules Marketing Consultant Can Be Held Vicariously Liable for Text Messages under TCPA

In a ruling issued late last week, the Ninth Circuit held that a marketing consultant that hired a firm to send text messages for a third party could also be held vicariously liable for violations of the Telephone Consumer...more

9/25/2014 - Marketing Prior Express Consent Robocalling TCPA Text Messages Vicarious Liability

FCC Eliminates Foreign Competition Test for Certain International Telecommunications Authorization Applications

In an order released on April 22, 2014, the Federal Communications Commission eliminated its longstanding requirement that certain applications for authorization to provide international telecommunications services or for...more

4/25/2014 - FCC Telecommunications WTO

Retailers Ask FCC to Clarify that Text Message Responses Are OK

Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested? The Retail Industry Leaders Association (RILA) thinks not, and has...more

1/27/2014 - FCC Marketing Telemarketing Telemarketing Sales Rule Texting

Reminder: October 16 Is the Effective Date for the FCC’s Written Consent Rule for Prerecorded Telemarketing Calls and Autodialed...

Companies that engage in telemarketing – either on their own or by contracting with a third-party telemarketing provider – should remember that new Federal Communications Commission (FCC) telemarketing rules go into effect...more

10/2/2013 - Advertising FCC HIPAA Robocalling Telemarketing Sales Rule Written Consent

FCC: Carriers Must Protect Certain Data Collected on Mobile Handsets

Aiming to “address the real privacy and security risks that consumers face when telecommunications carriers use their control of customers’ mobile devices to collect information about their customers’ use of the network,” the...more

7/10/2013 - Cell Phones Cybersecurity Data Breach Plans Data Protection Data Theft FCC Mobile Devices Networks Personally Identifiable Information Privacy Laws Telecommunications Unauthorized Disclosure

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