Ronald London

Ronald London

Davis Wright Tremaine LLP

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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

FCC Seeks Comment on Petitions to Mitigate Impact of New Robocall Rules

The Federal Communications Commission (FCC) has issued two public notices requesting comment on petitions that seek to mitigate some of the impact from recent changes to the new Telephone Consumer Protection Act (TCPA) rules...more

11/5/2013 - Consent FCC Robocalling Spam TCPA Telemarketing

Closed Captioning Reminder: Prerecorded Video That Airs on TV with Captions But is Edited for Internet Distribution Must Be...

The next phase of Federal Communications Commission (FCC) requirements implementing the 21st Century Communications and Video Accessibility Act (CVAA) is set to kick in for closed-captioning video programming delivered via...more

9/30/2013 - Closed Captioning CVAA FCC Television Programming

40 Days and 40 Nights on Mount TCPA: Make Sure You Come Down with Proper Consent for Autodialed, Prerecorded and Text...

Companies that place prerecorded telemarketing calls, or that telemarket to cell phones via text-message or automatic telephone dialing systems, should be well on their way toward compliance with new FCC rules that take...more

9/9/2013 - Consent FCC Fines Spam TCPA Telemarketing

Former Subscriber Has No Right to Damages for Video Provider’s Failure to Destroy Personally Identifiable Information

In Padilla v. DISH Network L.L.C., a former subscriber alleged DISH failed to destroy his personally identifiable information (PII) upon cancellation of service, and failed to continue sending annual privacy notices while...more

8/5/2013 - Books & Records Personally Identifiable Information Privacy Policy

COPPA Update: FTC Provides Further Guidance with FAQ Additions

The Federal Trade Commission has added to its recently revised “Frequently Asked Questions” (FAQs) to assist covered entities in complying with the first major update of regulations implementing the Children’s Online Privacy...more

8/5/2013 - COPPA FTC Privacy Laws

FCC Seeks Comment on Video Description Issues for Report to Congress

The Federal Communications Commission’s (FCC) Media Bureau has issued a Public Notice seeking comment on inquiries related to the video description of video programming delivered via both television and the Internet....more

6/27/2013 - CVAA FCC Internet MVPD Television Programming

FCC Generally Affirms IP Closed Captioning Rules on Reconsideration, Seeks Further Comment on Limited Issues

The Federal Communications Commission (FCC) has released an Order on Reconsideration and Further Notice of Proposed Rulemaking (FNPRM) affirming, modifying and clarifying certain aspects of its closed captioning rules for...more

6/18/2013 - Closed Captioning CVAA FCC Internet

Deadline for Compliance with Updated COPPA Rules Draws Near

The July 1, 2013, deadline for complying with the Federal Trade Commission’s (FTC) updated regulations implementing its Children’s Online Privacy Protection Act (COPPA Rule) is around the corner, as discussed in our post here...more

6/18/2013 - Compliance COPPA Deadlines FTC

FCC Clarifies Companies' Liability for Third-Party Marketer TCPA Violations

The Federal Communications Commission (FCC) has issued a long-awaited declaratory ruling governing when a company is liable under the Telephone Consumer Protection Act (TCPA), and FCC telemarketing and autodialing rules, for...more

5/15/2013 - Echostar FCC Liability TCPA Third-Party

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

The FTC has voted to retain the July 1, 2013 effective date for the revisions to its Children’s Online Privacy Protection Act (COPPA Rule), shortly after issuing revised “Frequently Asked Questions” (FAQs) to aid compliance...more

5/14/2013 - COPPA Data Collection FTC Parental Consent Personally Identifiable Information

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