Ronald London

Ronald London

Davis Wright Tremaine LLP

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FCC Adopts Rulemaking Notice Proposing to Expand Video Description Requirements

The Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) proposing to amend its video description rules to increase the amount of required video described programming as well as the number...more

4/5/2016 - FCC Multichannel Video Programming Notice and Comment NPRM Television Broadcast Stations Video

TCPA Update – FCC Reveals Key Points for Proposed Rules for “Robocalling” to Collect Federal Debt

Last November, in pushing through the Bipartisan Budget Act of 2015, Congress inserted minor amendments to the Telephone Consumer Protection Act (TCPA) to create a new exception to the TCPA’s prohibition on autodialed and...more

3/17/2016 - Debt Collection FCC NPRM Prior Express Consent Robocalling TCPA

Update: FCC Divides Closed Captioning Compliance Responsibility, Imposes New Obligations Directly on Programmers

UPDATE: The FCC released its Second Report and Order on February 19, 2016. The advisory below has been updated to reflect the details of the order. At its Open Meeting on February 18, 2016, the Federal Communications...more

2/26/2016 - Closed Captioning Complaint Procedures FCC Multichannel Video Programming OMB Television Programming

FTC OKs Facial Recognition Consent Under COPPA Rule

This past Nov. 18, the Federal Trade Commission (FTC) approved a new verifiable parental-consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial-recognition...more

2/23/2016 - COPPA Facial Recognition Technology FTC Online Safety for Children Parental Consent

FCC Divides Closed Captioning Compliance Responsibility, Imposes New Obligations Directly on Programmers

Yesterday, at its February Open Meeting, the Federal Communications Commission revisited its closed captioning rules to answer open questions regarding which entities in the video programming production and distribution...more

2/19/2016 - Closed Captioning FCC Multichannel Video Programming Television Programming

What Does Campbell-Ewald Mean for Your Business?

A recent ruling by the United States Supreme Court held that a defendant cannot terminate a putative class action by offering the representative plaintiff complete relief, rejecting some courts’ dismissals of class action...more

2/3/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

FTC OKs Facial Recognition Consent under COPPA Rule

On November 18, the Federal Trade Commission approved a new verifiable parental consent method under the Children’s Online Privacy Protection Act (COPPA) Rule, which will allow entities to use facial recognition technology to...more

12/16/2015 - COPPA Facial Recognition Technology FTC Online Safety for Children Parental Consent

Budget Deal Allows Autodialers and Robocalls in Federal Debt Collection

President Barak Obama recently signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which resolved major differences between the White House and Congress, thereby funding the federal government for the next two...more

11/17/2015 - Auto-Dialed Calls Bipartisan Budget FCC Robocalling TCPA

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

11/5/2015 - Appeals Cell Phones Declaratory Rulings FCC Mobile Devices Prior Express Consent Right to Privacy Robocalling Smartphones Summary Judgment TCPA Telecommunications Text Messages Wireless Devices Yahoo!

FCC Announces Robocalling and Caller ID Spoofing Workshop

Telemarketers and others who may have been wondering how the Federal Communications Commission’s recent and – to industry participants – concerning Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA)...more

8/21/2015 - Call Blocking Declaratory Rulings FCC Mobile Broadband Services Right to Privacy Robocalling Spoofing TCPA Telecommunications Telemarketing Text Messages

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more

8/10/2015 - Cell Phones COPPA Data Collection Facial Recognition Technology FTC Internet Parental Consent Popular Privacy Concerns Smartphones

FCC’s TCPA Order Offers Little Clarity or Relief for Businesses

In potentially its most significant action under the Telephone Consumer Protection Act (TCPA) since the 2003 overhaul of its rules ushering in the National Do-Not-Call Registry and other updates, the Federal Communications...more

7/15/2015 - Banks CAN-SPAM Act Class Action Corporate Counsel Data Breach Data Security Debt Collectors Do Not Call List FCC Financial Institutions Healthcare HIPAA Inmates Robocalling TCPA Telemarketing Text Messages Unsolicited Phone Calls

FCC Uses Industry Requests for TCPA Clarity to “Close Loopholes” and “Empower Consumers” Rather Than to Afford More Than Token...

The Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order that resolves 19 petitions for declaratory ruling, one rulemaking petition and one petition for clarification, all arising out of an upsurge...more

6/22/2015 - Class Action Declaratory Rulings FCC Petition for Rulemaking TCPA

Significant Amendments to COPPA Proposed in Do Not Track Kids Act

Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward Markey (D-Mass.) and Rep. Joe...more

6/22/2015 - COPPA Data Collection Do Not Track Minors Proposed Amendments Proposed Legislation

FCC Releases Emergency Information Accessibility Rules for Second-Screen Devices and Grants Compliance Waivers

The Federal Communications Commission (FCC) has released the text of its Second Report and Order (R&O) adopting rules requiring multichannel video programming distributors (MVPDs) to pass through the secondary audio stream...more

6/5/2015 - Accessibility Rules Cable Television Providers Covered Entities CVAA Disability Emergency Alerts FCC Multichannel Video Programming MVPD NPRM Public Comment Television Broadcast Stations

FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s...more

5/29/2015 - Class Action Declaratory Judgments FCC Privacy Laws Robocalling TCPA Telecommunications

FCC Adopts Emergency Information Accessibility Rules for Second-Screen Devices

At its May 21, 2015, Open Meeting, the Federal Communications Commission (FCC) adopted new rules requiring visually displayed emergency information to be available aurally on “second screens” – such as tablets, laptops, or...more

5/27/2015 - Accessibility Rules FCC Multichannel Video Programming New Regulations

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

5/21/2015 - Article III Campbell Ewald v Gomez Certiorari Class Action SCOTUS TCPA

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

5/4/2015 - Corporate Counsel FCRA Federal Jurisdiction Imminent Harm Popular Private Right of Action SCOTUS Spokeo v Robins Standing Statutory Damages Young Lawyers

Supreme Court Grants Cert in Spokeo v. Robins

On April 27 the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, setting the stage for the high court to resolve a critical standing question that is an issue in almost all online privacy cases:...more

4/29/2015 - Article III Certiorari FCRA Federal Jurisdiction Private Right of Action SCOTUS Spokeo v Robins Standing

Canada Issues First Penalties Under Anti-Spam Law

CRTC imposes over US$900,000 in fines against two companies, reminding U.S.- and foreign-based businesses about possible liability under Canada’s Anti-Spam Law - This month marks the issuance of the first two enforcement...more

4/6/2015 - Canada CASL Commercial Electronic Messages Corporate Fines Enforcement Actions Popular

Telecom Trade Associations Seek Reconsideration of FCC’s New “Treble Damages” Forfeiture Policy

Reacting to last month’s Policy Statement by the Federal Communications Commission (FCC), trade associations representing a spectrum of telecommunications providers filed a joint Petition for Reconsideration and for a stay of...more

4/1/2015 - FCC Forfeiture Telecommunications Trade Associations Treble Damages

FTC and State AGs: Political Survey Preface Does Not Allow Sales Robocalls to Avoid Do-Not-Call and Telemarketing Sales Rule...

The Federal Trade Commission (FTC) and 10 state Attorneys General announced the filing of a complaint and proposed stipulations against Caribbean Cruise Line (CCL) and several other companies that, respectively, alleged and...more

3/13/2015 - Attorney Generals Do Not Call List Enforcement Actions FTC Robocalling TCPA Telemarketing Telemarketing Sales Rule

New Jersey Amends “Do Not Call” Law, Eases Prohibition on Telemarketing to Cell Phones

In a somewhat significant departure from prior law, New Jersey Governor Chris Christie signed into law a bill to immediately amend the state’s telemarketing sales call rules to expand the ability of companies to make...more

2/11/2015 - Amended Regulation Chris Christie Do Not Call List Mobile Devices Prior Express Consent TCPA Telemarketing

When Try, Try Again Does Not Succeed: FTC Denies AgeCheq, Inc.’s Second Parental Consent Application Under COPPA

The Federal Trade Commission announced that is has denied AgeCheq, Inc.’s second proposed verifiable parental consent method under the FTC’s Children’s Online Privacy Protection Act (COPPA) Rule. After trying but failing last...more

2/2/2015 - AgeCheq COPPA FTC Parental Consent

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