FCC, Constitutional Challenges

Fifth Circuit Shocks Telecom Industry by Overturning the FCC’s Universal Service Fund

Perkins Coie on 8/1/2024

The U.S. Court of Appeals for the Fifth Circuit recently ruled in a closely divided 9-7 en banc decision that the Federal Communications Commission’s (FCC) method of funding the Universal Service Fund (USF) is an...more

FCC’s Universal Service Fund Found Unconstitutional by Fifth Circuit

Pillsbury - CommLawCenter on 7/26/2024

On July 24, 2024, an en banc panel of the U.S. Court of Appeals for the Fifth Circuit released a decision in Consumers’ Research et al. v. FCC holding that the Federal Communications Commission’s Universal Service Fund...more

Consumers’ Research Universal Service Litigation Nears Inflection Point

Womble Bond Dickinson on 4/9/2024

The Fifth and D.C. Circuit federal appellate courts are now poised to issue pivotal decisions in the ongoing litigation challenging the constitutionality of the FCC’s universal service support mechanisms. Their opinions will...more

Fifth Circuit Rehearing USF Contributions Challenge En Banc

Akin Gump Strauss Hauer & Feld LLP on 7/7/2023

The legal battles over the constitutionality of Universal Service Fund (USF) contributions continue as the U.S. Court of Appeals for the Fifth Circuit has granted a request for the full court to re-hear a challenge to the...more

US Secure Equipment Act vs. French Protective Public Policy Framework for Operation of Mobile Radio Networks

McDermott Will & Emery on 1/10/2022

Exploring Similarities and Differences - Fifth-generation technology, known as “5G,” is causing unprecedented upheaval in the telecommunications landscape in France and around the world. Faced with this revolution, and the...more

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Eversheds Sutherland (US) LLP on 3/26/2021

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

Hudson Cook, LLP on 8/5/2020

Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230

Proskauer - New Media & Technology on 8/3/2020

The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a...more

TCPA Tracker - July 2020

Kelley Drye & Warren LLP on 7/16/2020

Recent News - Supreme Court Upholds Constitutionality of the TCPA - On July 6, 2020, in a 7-2 decision, the Supreme Court upheld the constitutionality of the TCPA, but severed as unconstitutional the 2015 amendment that...more

All Consuming - Financial Litigation Insights: Issue 3, July 2020

Spilman Thomas & Battle, PLLC on 7/11/2020

Welcome! Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more

SCOTUS Decides Federal Debt is not Exempted from TCPA, While FCC Autodialer Declaration Further Alters TCPA Landscape

Hinshaw & Culbertson - Consumer Crossroads on 7/9/2020

With a major U.S. Supreme Court decision leading the way, recent developments continue to reshape the landscape of the Telephone Consumer Protection Act (TCPA)....more

Eleventh Cir. Rejects Broad Reading of “Autodialer”

Hogan Lovells on 1/31/2020

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Harris Beach PLLC on 1/30/2020

The legislation and litigation regarding unwanted calls remain alive and well and show no signs of ending anytime soon. With recent statutes enacted by the federal and New York State legislatures, telemarketing and debt...more

Webinar Recap! Hot Topics and Trends in California Consumer Class Actions

Seyfarth Shaw LLP on 8/19/2019

On Wednesday, August 7, 2019, Seyfarth partners Robert Milligan and Joseph Escarez reviewed the latest consumer class action law developments affecting companies that do business in California. It is no secret that...more

Fourth Circuit’s Decision Revitalizes First Amendment Challenge to the TCPA

Morrison & Foerster LLP - Class Dismissed on 6/17/2019

In 1943, the United States Supreme Court considered the constitutionality of an ordinance that prohibited door knocking in Martin v. Struthers, 319 U.S. 141 (1943). The Supreme Court, in its landmark free speech decision,...more

Fourth Circuit Strikes Blow to Government Debt Collectors With TCPA Constitutionality Ruling

Manatt, Phelps & Phillips, LLP on 5/6/2019

In striking down a portion of the Telephone Consumer Protection Act (TCPA) as unconstitutional, the Fourth Circuit opened the door for more litigation against debt collectors....more

Real Property, Financial Services, & Title Insurance Update: Week Ending April 26, 2019

Carlton Fields on 5/2/2019

Real Property Update - • Foreclosure / Reverse Mortgage / Condition Precedent: bank failed to establish that the subject property was not the principal residence of surviving co-borrower under its reverse mortgage, a...more

TCPA First Amendment Argument Could Eliminate Government Debt Collection Exemption

Brownstein Hyatt Farber Schreck on 3/29/2019

First Amendment challenges to the Telephone Consumer Protection Act (TCPA) are in the midst of a revival. The TCPA makes it unlawful to call or text a cell phone using an automatic telephone dialing system (ATDS) or...more

First-In-the-Nation-Result: District Court Stays TCPA Case Pending Outcome of Ninth Circuit First Amendment Challenge

Womble Bond Dickinson on 9/27/2018

Now we’re talking! As I’ve written on multiple occasions, the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history. Worse still, the statute is...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 9/12/2018

The SEC has taken its first enforcement action against a hedge fund over its cryptocurrency investments—namely, falsely holding itself out as the “first regulated fund in the U.S. focused on crypto assets.” It also targeted a...more

Lucia Is Likely To Have Little Impact On Waning FCC Adjudications

Sheppard Mullin Richter & Hampton LLP on 7/18/2018

During its most recent Term, the Supreme Court held in Lucia v. SEC that the administrative law judges (“ALJs”) that preside over adjudications at the Securities and Exchange Commission (“SEC”) are “Officers of the United...more

Your Daily Dose of Financial News

Robins Kaplan LLP on 4/27/2017

Wells Fargo’s Board Chair, Stephen Sanger, did survive his reelection vote the other day. Barely. But Breakingviews thinks he should think awfully hard about his future as a Director at the bank....more

Open Internet Order Prevails

McDermott Will & Emery on 8/5/2016

Addressing challenges to the Federal Communication Commission’s (FCC’s) 2015 Open Internet Order, the US Court of Appeals for the District of Columbia Circuit concluded that the FCC acted with proper authority when it...more

The United States Federal Communications Commission › Constitutional Challenges

"My best business intelligence, in one easy email…"