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New FCC Order Spurs Legal Challenges

The Association of Credit and Collection Professionals (ACA) swiftly-filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order (FCC 15-72) in the U.S. Court of Appeals for the D.C. Circuit. The...more

Communications Networks – update on UK and EU regulatory reviews

In March, Ofcom announced its decision to undertake a strategic review of the telecommunications sector, having not carried out such a review since 2005. In parallel, the EU is currently reviewing regulation within the...more

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

FCC issues TCPA guidance in its declaratory ruling

In response to businesses and attorneys general request for more guidance on the Telephone Consumer Protection Act (TCPA), the Federal Communications Commission (FCC) released guidance on June 18, 2015 regarding robocall...more

FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission...more

‘Right to Be Forgotten’ in Russian Data Protection Law Has Passed All Stages of Approval

On July 14, 2015, Vladimir Putin, the president of the Russian Federation, has signed the law on implementation of the “right to be forgotten” (the Law). The Law comes into force on January 1, 2016....more

T-Mobile Agrees to Pay FCC $17.5 Million to Settle 911 Outage Investigation

On July 16th, the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) reached a $17.5 million Consent Decree with T-Mobile to resolve an investigation into two separate but related 911 service...more

Mobile App Legal Terms & Conditions: Six Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website....more

FCC Announces $3.5 Million Settlement with Carriers to Resolve Consumer Privacy Investigation

On July 9, the FCC announced a $3.5 million settlement with carriers TerraCom, Inc. and YourTel America, Inc. to resolve an investigation into the exposure of personal information of over 300,000 of their customers online via...more

FTC Takes Its First Action Against Crowdfunding Site

As the Federal Trade Commission (FTC) targets more FinTech (new and emerging financial technology) under the banner of protecting consumers from deceptive trade practices, the Commission finally turned its attention to the...more

FCC becomes another active regulator over data security through $3.5M settlement with two telecom companies

The FCC has announced that it will receive a settlement payment of $3.5 million from two telecommunications companies—TerraCom Inc. and YourTel America for allegations around the companies’ failure to safeguard customers’...more

Food Labeling, Food Safety & Nutrition - July 2015

The Obama Administration’s robust use of executive authority on issues related to food labeling, food safety, and nutrition continue to position these issues as a priority for the remainder of the President’s term in office....more

Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to...

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated...more

FTC Bans Owners of Online Payday Lending Operations from Consumer Lending Industry

On July 7, the FTC entered into settlement agreements with two individuals and the entities they operate seeking to permanently restrict them from doing business in the consumer lending industry. According to the FTC’s...more

“Don’t Call Us, We’ll Call You.” The FCC’s Latest TCPA Ruling Imposes Even More Restrictions on Telemarketing Calls and Texts

On July 10, 2015, the Federal Communications Commission released the Omnibus Declaratory Ruling and Order (the Order) it adopted on June 18. The Order addresses requests for clarification regarding requirements under the...more

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

The WSGR Data Advisor

In this issue: - Navigating Public Company Cybersecurity Obligations: Advising Boards and Disclosing to Investors - FTC Updates School-Related COPPA Guidance - Status Update on the EU Data Protection...more

Should Feds Regulate Persistent Identifiers as Personal Information?

Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to begin with, considering...more

TerraCom & YourTel Reach $3.5 Million Settlement With FCC over Alleged Privacy, Data Security, and Lifeline Violations

On July 9th, the Enforcement Bureau (EB) of the Federal Communications Commission (FCC or the Commission) reached a $3.5 million Consent Decree to resolve an investigation into whether TerraCom, Inc. (TerraCom) and YourTel...more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

Evening The Score On Off-Label Use Information

Two stories in 360 yesterday – the timing was pure coincidence – have us thinking again about the FDA’s muddled and increasingly untenable position on truthful off-label “promotion” – broadly defined as any accurate...more

TracFone Settles Handset Unlocking Proceeding

On July 1, 2015, TracFone Wireless, Inc. reached a settlement with the FCC concerning an investigation into TracFone’s handset locking and unlocking practices. The FCC’s Enforcement Bureau had been investigating whether...more

Comment Dates Announced for Small Business Exemption to the Enhanced Transparency Rule

On July 6, 2015, a summary of the Federal Communications Commission’s (FCC) Small Business Exemption to the Open Internet Order’s Enhanced Transparency Rule was published in the Federal Register....more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

Predetermined Outcome or Not, Sweepstakes and Slot Machines are Illegal Under California Law

The California Supreme Court recently held that sweepstakes or slot machine “like” games used to promote internet cafes and phone card stores were illegal under the California Penal Code, even if the results are...more

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