Ronald London

Ronald London

Davis Wright Tremaine LLP

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State AGs Looking to Crack Down on Telemarketers Press FCC and FTC

A majority of the nation’s state and territorial Attorneys General have collectively urged the Federal Communications Commission and Federal Trade Commission to revisit rules and policies in ways that would help law...more

12/8/2014 - Attorney Generals Corporate Counsel Enforcement FCC FTC Law Enforcement Popular Public Comment Telemarketing

Refill Reminders and the TCPA

The Telephone Consumer Protection Act (“TCPA”) presents another challenge as health care providers continue to engage patients and seek to meet Meaningful Use reminder objectives. Over the past year, there have been several...more

12/5/2014 - Business Associates Cell Phones Class Action Covered Entities Health Care Providers Pharmacies Popular Prescription Drugs Prior Express Consent TCPA

AgeCheq, Inc. Looking for Second Bite at the Parental Consent Apple

The Federal Trade Commission announced that it has denied AgeCheq, Inc.’s proposed verifiable parental consent method application, which relied on existing verifiable consent methods but also utilized a third-party common...more

12/1/2014 - AgeCheq COPPA FTC Parental Consent

FCC Reaffirms Fax Ads Sent With Recipients’ Prior Permission Require Opt-Out Notice

The Federal Communications Commission has issued an Order sustaining its rule that even ads faxed with the permission of the recipient must include a notice with instructions for how to opt out of future faxes. The Order...more

11/3/2014 - Advertising Corporate Counsel Faxes FCC Opt-Outs Prior Express Consent TCPA Unsolicited Faxes

Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which...more

10/21/2014 - Appeals Cell Phones Debt Collection FCC Mobile Devices Prior Express Consent Robocalling TCPA

Ninth Circuit Confirms Consultants and Other Middlemen May Be Vicariously Liable Under the TCPA

The U.S. Court of Appeals for the Ninth Circuit issued a decision in Gomez v. Campbell-Ewald Company holding that the defendant marketing consultant could be liable under the Telephone Consumer Protection Act (TCPA) for...more

9/25/2014 - Corporate Counsel FCC TCPA Text Messages Texting Vicarious Liability

FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent...more

8/27/2014 - AgeCheq COPPA FTC Mobile Apps Online Advertisements Parental Consent Public Comment Rulemaking Process Websites

FTC Undertakes Period Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its...more

8/12/2014 - FTC Telemarketing Telemarketing Sales Rule

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy...more

8/11/2014 - COPPA Data Collection Data Protection FTC Mobile Apps Safe Harbors

FTC Updates COPPA FAQs Again – Revisions to Part H Gives App Developers and Parents Welcomed Clarification on Parental Consent

Continuing our Blog’s updates on the Federal Trade Commission’s Frequently Asked Questions (FAQs) to the updated Children’s Online Privacy Protection Act (COPPA) Rule, we highlight that the FTC revised three portions of “Part...more

7/24/2014 - COPPA Data Protection FTC Mobile Apps Parental Consent Privacy Laws Websites

FCC Requires Closed Captioning of IP Video Clips

Yesterday, the Federal Communications Commission (FCC) released its Second Order on Reconsideration and Second Further Notice of Proposed Rulemaking (“Order” or “FNPRM”) requiring closed captioning of certain video clips...more

7/16/2014 - Compliance FCC Internet Popular

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which...more

7/8/2014 - Cell Phones Class Action Consent FCC TCPA

Supreme Court Solidifies Privacy Protections for Cellphone Data by Holding Warrantless Searches Incident to Arrest...

With the present Term nearing its end, the U.S. Supreme Court took a major step forward in unanimously extending individual protections from police intrusion into the realm of digital privacy. In a consolidated decision in...more

6/26/2014 - Cell Phones Evidence Law Enforcement SCOTUS Search Warrant

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little...

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the...more

6/11/2014 - Cell Phones Consent Prior Express Consent TCPA Texting Wells Fargo

Summertime Blues: Eleventh Circuit Doubles Down on Strict TCPA Liability for Texts and Autodialed and Prerecorded Calls to Cell...

Over the Spring, we reported on how the Eleventh Circuit’s decision in Osorio v. State Farm brought that court into alignment with the Seventh Circuit on how restrictions in the Telephone Consumer Protection Act (TCPA) on...more

6/9/2014 - Consent Liability Robocalling State Farm TCPA Text Messages Wells Fargo

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

5/22/2014 - Compliance Do Not Call List FCC Opt-Outs Sprint TCPA Telecommunications Texting

FCC Proposes Nearly $3M TCPA Fine Against "Robocalling" Platform for 184 Calls

The Federal Communications Commission (FCC) issued a Notice of Apparent Liability (NAL) to Dialing Services LLC, finding the company apparently liable for 184 prerecorded calls to cell phones in violation of the Telephone...more

5/16/2014 - FCC Fines Prior Express Consent Robocalling TCPA

FTC Continues to Update COPPA FAQs - This Time, Guidance for Schools

As part of our ongoing updates on guidance the Federal Trade Commission offers through its Frequently Asked Questions (FAQs) relating to its updated Children’s Online Privacy Protection Act (COPPA) Rule, we note that recently...more

4/30/2014 - COPPA Data Protection FTC Internet

FTC Continues Its Pursuit of "Robocalling" Platforms

With its latest settlement, the Federal Trade Commission shows that its prior targeting of prerecorded voice dialing platforms, as opposed to those who use them to place “robocalls,” was no one-off initiative, and that it has...more

4/23/2014 - Do Not Call List FTC Marketing Robocalling Settlement Telemarketing

FCC Reinforces that Those Who Knowingly Release Cell Numbers Grant Permission to be Called Under the TCPA--But Companies May Still...

We recently reported on two FCC declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA), in the context of social-network text messages and package-delivery calls, that included broad, business-friendly...more

4/21/2014 - Consent FCC Mobile Privacy State Farm TCPA Text Messages

Eleventh Circuit Adopts Seventh Circuit Jurisprudence Imposing Strict TCPA Liability on Autodialed and Prerecorded Calls and Texts

The United States Court of Appeals for the Eleventh Circuit issued a decision in Osorio v. State Farm Bank aligning that court with the Seventh Circuit on how Telephone Consumer Protection Act (TCPA) restrictions on automated...more

4/1/2014 - Cell Phones Prior Express Consent Robocalling Strict Liability TCPA Text Messages

FCC Sends Its Own Message with TCPA Declaratory Rulings

The Federal Communications Commission (FCC) has issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA) as applied to prerecorded calls and autodialed calls and texts to cell phones. While the...more

3/31/2014 - FCC Robocalling TCPA

Thank You Commissioner O'Rielly - FCC Acknowledgment of TCPA Confusion is Long Overdue

But One Vote is Not Enough for Action, Nor Does Action Assure a Favorable Outcome - FCC Commissioner Michael O’Rielly recently blogged that “It is Time to Provide Clarity” on issues swirling around application of the...more

3/28/2014 - FCC Robocalling Spam TCPA

IP Video Closed Captioning Reminder: Archival Programming That Airs on TV with Captions Must Be Captioned Online Within 45 Days of...

The next phase of Federal Communications Commission (FCC) requirements implementing the Twenty-First Century Communications and Video Accessibility Act (CVAA) is set to take effect for closed-captioning video programming...more

3/28/2014 - Closed Captioning CVAA FCC Internet

FTC: No Need to Approve iVeriFly's Proposed Alternative COPPA Consent Method - Proposal is Merely a Variation on Methods COPPA...

Under the provisions of the Children’s Online Privacy Protection Act (COPPA) Rule that invite proposals for new mechanisms for obtaining the verifiable parental consent required to collect, use and disclose personal...more

2/27/2014 - Consent COPPA FTC

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