Ronald London

Ronald London

Davis Wright Tremaine LLP

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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

FCC Adopts Closed Caption Quality Standards

On Feb. 24, 2014, the FCC released the text of the Report and Order (R&O), Declaratory Ruling, and Further Notice of Proposed Rulemaking (FNPRM), which it adopted at its February Open Meeting, addressing the petition of...more

2/27/2014 - Closed Captioning Disability FCC Telecommunications

FCC Issues Closed Captioning Quality Standards for Television Programs

At its February 2014 Open Meeting today, the FCC approved new regulations governing the quality of closed captions that must appear in television programming. As noted in our earlier advisory, the long-awaited rules stem from...more

2/21/2014 - Broadcasting Closed Captioning FCC Telecommunications Television Programming

Ninth Circuit Asks California Supreme Court to Decide in GLAD v. CNN Whether State Disabled Persons Act’s “Public Accommodations”...

Court Also Holds Failure to Closed-Caption Online Videos is Not Intentional Discrimination Under State Unruh Civil Rights Act, and that Website Decisions Whether to Caption Occur in Furtherance of First Amendment Rights Under...more

2/14/2014 - Anti-SLAPP Closed Captioning CVAA Disability Discrimination FCC First Amendment Media Public Accommodation Unruh Civil Rights Act Websites

Goodbye to Closed Captioning M¡s+@ke§?—FCC to Address Captioning Quality Standards

In its Tentative Agenda for its Feb. 20, 2014 open meeting, the Federal Communications Commission (FCC) states that it will adopt a Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking regarding...more

2/6/2014 - Closed Captioning Compliance FCC

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

2/3/2014 - Actual Malice Air Wisconsin v. Hoeper ATSA Defamation First Amendment Free Speech Immunity SCOTUS Transportation Security Administration

If at First You Don't Succeed... FTC Approves Second Candidate's New COPPA Verifiable Consent Method

The Federal Trade Commission announced that it has approved a new method for companies to obtain parents’ verifiable consent for online collection and use of children’s personal information under the Children’s Online Privacy...more

12/26/2013 - COPPA Data Collection FTC Internet Parental Consent Personally Identifiable Information Websites

New Advisory on Canadian Anti-Spam Law That Covers Commercial Emails and Texts to Canada, Computer Program and Software Downloads,...

Be sure to spend some time with our recent advisory on Canada’s Anti-Spam Law (CASL), now that compliance dates for rules governing commercial electronic messages (CEMs), software downloads, and related conduct have been set...more

12/24/2013 - Anti-Spam Legislation CAN-SPAM Act Canada CASL

Canada Adopts Final Regulations, Announces Expansive Anti-Spam Law Will Start Taking Effect July 1, 2014

Canada’s Department of Industry has published long-awaited Governor in Council regulations and announced key compliance dates necessary to implement Canada’s anti-spam law (CASL), which was enacted almost exactly three years...more

12/18/2013 - Anti-Spam Legislation Canada CASL

7th Circuit Issues Troubling TCPA Non-Preemption Ruling

The U.S. Court of Appeals for the Seventh Circuit held in Patriotic Veterans v. Indiana that the state’s automatic dialing-announcing device (ADAD) statute is not preempted by provisions that govern prerecorded calls and...more

11/25/2013 - FCC Preemption Robocalling TCPA

First-Shot Misfire for Application Seeking Streamlined FTC Approval of New COPPA Parental Consent Mechanism

The Federal Trade Commission (FTC) voted thumbs down in its first ruling under the new streamlined process adopted in its Children’s Online Privacy Protection Act (COPPA) Rule review for additional methods of securing...more

11/14/2013 - COPPA FTC Parental Consent Privacy Laws

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