The United States Federal Communications Commission

The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international... more +
The United States Federal Communications Commission is an independent federal agency established by the Communications Act of 1934. The Commission is charged with regulating interstate and international communications by radio, wire, satellite, and cable. less -
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ABA Petitions FCC To Allow Security And Fraud Alerts To Customers Without Consent

On October 14, the ABA submitted a petition to the FCC requesting that it exercise its statutory authority to allow financial institutions to send consumers certain security and fraud alerts without the consumers’ prior...more

Settlement of Junk Fax Class Action Denied Due to Likelihood of Low Payout to Class Members

In Small v. Target Corp., No. 13-cv-01509 (D. Minn. Oct. 8, 2014), the District Court recently denied preliminary approval of a class action settlement due to concerns regarding the use of a “reverter” provision in the...more

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

FCC Radio Licenses: Saving Paper Doesn't Change Notice Requirements

Many municipal governments and special districts, especially public safety departments, hold radio licenses or antenna structure permits from the Federal Communications Commission. The FCC is proposing to save paper and staff...more

IMDRF Releases International Framework for Regulating Device Software

On October 14, 2014, the International Medical Device Regulators Forum (IMDRF) issued a final version of “Software as a Medical Device: Possible Framework for Risk Categorization and Corresponding Considerations” (“the...more

Debt Collector’s Automated Calls Did Not Fall within TCPA’s ‘Prior Express Consent’ Exception, Second Circuit Holds

Yesterday, the Second Circuit held that a plaintiff did not provide his “prior express consent” under the federal Telephone Consumer Protection Act (TCPA) to automated calls to his cell phone when he gave his cell phone...more

The Eleventh Circuit Reaffirms FCC’s Authority To Coordinate National TCPA Policy And Ensure Uniformity Of Enforcement in Mais v....

Courts that have confronted the application of the “prior express consent” requirement of the Telephone Consumer Protection Act, see 47 U.S.C. § 227 – a.k.a., the TCPA – have in the main taken their cues from and adhered to...more

New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration. A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into...more

FCC Settles With Large Mobile Telephone Company In Connection With Hidden Third-Party Charges

On October 8, the FCC announced a $105 million settlement – the largest in the agency’s history – with a mobile telephone company to resolve allegations that the company engaged in unauthorized billing practices. According to...more

New Jersey Federal Court Rejects FCC’s Dish Network Ruling in Blast Fax Case, Relies on FCC’s Letter Brief in Sarris

As we previously reported, on July 17, 2014, the FCC filed a letter brief in Palm Beach Golf Center-Boca, Inc. v. Sarris, No. 13-14013 (11th Cir.) (“Sarris”), in which it took the position that entities can be held directly...more

Marriott signs FCC Consent Decree and agrees to pay $600,000 civil penalty for Wi-Fi blocking

Have you ever wondered why your cell phone or personal Wi-Fi hot spot does not seem to work in some hotels? As more business and leisure travelers equip themselves to stay in constant communication with their work...more

Legal Alert: Eleventh Circuit Reverses Outlier Decision on TCPA Prior Express Consent Standard

The U.S. Court of Appeals for the Eleventh Circuit has clarified the standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA) in a September 29, 2014 decision reversing an outlier ruling by a...more

Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked

In an unpublished, per curiam decision, the Eighth Circuit recently reversed the entry of summary judgment in favor of a defendant and directed the district court to address whether the plaintiff had revoked his consent to...more

Eleventh Circuit Holds That Debt Collector Had “Prior Express Consent” From Debtor Whose Wife Provided Number on Hospital...

This week the Eleventh Circuit held that a debt collector had “prior express consent” from a debtor whose wife had provided his wireless number on a hospital admission form. Mais v. Gulf Coast Collection Bureau, Inc., No....more

Eleventh Circuit Reverses Refusal to Honor FCC’s TCPA Debt Collection Declaratory Ruling, Fosters Uniformity on TCPA’s Autodialing...

The U.S. Court of Appeals for the Eleventh Circuit has brought a bit of legal balance back to automated debt collection calls, and reminded lower courts that when it comes to claims under the Telephone Consumer Protection Act...more

Lawmakers Hold Hearing on Improving Broadband Access in Rural Areas

The U.S. House Agricultural Committee's subcommittee on Livestock, Rural Development, and Credit, recently held a hearing to examine ways to improve and expand broadband in rural areas and to coordinate future investments...more

Mais Reversed: If You Give Me Your Number, I Can Call It, However I Want.

“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection...more

Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA). Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell...more

FCC Repeals Sports Blackout Rules

As expected, the FCC today voted 5-0 to repeal the sports blackout rules that require cable systems and satellite operators to black out local sporting events broadcast on distant television stations when the event is not...more

Broadcast Station Reminder— Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits...

By Oct. 10, 2014, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during July, August and...more

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

Is Dark Fiber a Regulated Service?

It seems logical to think that leasing dark fiber is not a telecommunications service. Dark fiber is only a component of a service, not a service unto itself. It may therefore come as a surprise to know that the FCC (and the...more

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

TCPA Hot Issues - TCPA Restricts Autodialed Calls, but Courts Split on Meaning of Autodialer

To autodial or not autodial, that is the question. The Telephone Consumer Protection Act (TCPA) defines autodialer as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or...more

Eleventh Circuit Hears Oral Argument in Landmark TCPA Case

Industry now waits as the Eleventh Circuit considers whether to overturn a Florida district court decision rejecting the Federal Communications Commission’s definition of prior express consent under the Telephone Consumer...more

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