FCC, Jurisdiction

White House Announces New Initiatives Targeting Consumer Experience

Troutman Pepper on 8/19/2024

Last week, the Biden-Harris Administration launched a comprehensive initiative aimed at addressing what it describes as everyday hassles that waste Americans’ time and money. This new government-wide effort, called “Time Is...more

FCC's Expansive New Rules Prohibiting "Digital Discrimination" in Broadband Access

Davis Wright Tremaine LLP on 12/21/2023

On November 20, 2023, as required by Section 60506 of the Infrastructure Investment and Jobs Act of 2021 (Infrastructure Act), 47 U.S.C. § 1754, the Federal Communications Commission issued a Report and Order and Further...more

The Supreme Court - April 1, 2021

Dorsey & Whitney LLP on 4/2/2021

Facebook, Inc. v. Duguid, No. 19-511: The Telephone Consumer Protection Act of 1991 (“TCPA”) provides a private right of action for those subject to the unlawful use of an “automatic telephone dialing system,” defined in the...more

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

Womble Bond Dickinson on 1/29/2020

The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more

Courts Continue to Hold Random/Sequential Number Generation is Required to Meet ATDS Definition Under TCPA

Womble Bond Dickinson on 10/7/2019

Recently, a string of district courts outside of the Ninth Circuit have held that to qualify as an ATDS, a device must have the capacity to generate telephone numbers randomly or sequentially. In the month since the last such...more

FCC Amends Its Caller ID Rules to Broaden their Scope and Effect

Faegre Drinker Biddle & Reath LLP on 8/6/2019

The FCC on August 1 voted to adopt enhanced Truth in Caller ID rules that will subject a broader range of “spoofed” calls to new heftier statutory civil penalty and potentially criminal sanctions for willful and knowing...more

ATDS Appellate Watchdog: TCPA Autodialer Cases Pending in the Circuit Courts of Appeals You Can’t Miss Post-Marks

Womble Bond Dickinson on 10/1/2018

This week, Erin Kubota prognosticated how the United States Circuit Courts of Appeals will decide automatic telephone dialer cases (“ATDS”) post the monumental Marks ruling from the Ninth Circuit on September 20, 2018...more

Prognosticating Post Marks: Will Courts in Other Jurisdictions Follow in the 9th Circuit’s Footsteps on the Definition of an ATDS...

Womble Bond Dickinson on 9/27/2018

We clearly do not have a crystal ball here in TCPAland, otherwise we would have been able to accurately predict the Ninth Circuit’s monumental recent decision in Marks v. Crunch San Diego, LLC, 2018 WL 4495553 (9th Cir. Sept....more

It Will All Come Out in the “Wash”: Did a Southern California District Court Just Solve the TCPA’s ACA Int’l/ATDS Conundrum Once...

Womble Bond Dickinson on 8/29/2018

Sometimes the most obvious answer is the hardest one to see. For weeks now the courts have been debating whether the 2003 and 2008 Predictive Dialer Rulings were set aside by ACA Int’l or just the 2015 TCPA Omnibus ruling....more

Top Ten Practical Tips for CFIUS Practice

Jones Day on 6/19/2018

The Situation: During the last few years, the CFIUS process has evolved and potential significant changes are on the horizon. The Result: CFIUS remains an important consideration for foreign parties looking to invest in...more

What’s the State of the Tech Industry? Trump Admin’s Repeal Means Broadband Net Providers and Tech Companies Now Face Consumer...

Butler Snow LLP on 4/17/2017

A recent repeal of federal consumer privacy rules has opened the door to potential sharing and use of sensitive, consumer data with only individual state privacy laws standing in the way....more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

Perkins Coie on 3/3/2017

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

Ninth Circuit Strips FTC of ‘Activities-Based’ Jurisdiction over Common Carriers

Perkins Coie on 9/8/2016

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

Perkins Coie on 6/21/2016

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

Perkins Coie on 4/6/2016

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit

Davis Wright Tremaine LLP on 12/11/2015

On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core billed AT&T for...more

Privacy & Cybersecurity Update - May 2015

Skadden, Arps, Slate, Meagher & Flom LLP on 6/2/2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Testing the Privacy Waters: Does Recent FCC Privacy Enforcement Signal the Reclassification of Broadband Internet Service...

Troutman Pepper on 1/26/2015

The Federal Communications Commission (FCC) had a busy year in 2014. During the past 12 months, the FCC proposed new regulations on net neutrality and pursued the largest privacy action in its history against TerraCom, Inc....more

On the Seventh Day of Privacy, federal agencies gave to me…..

Mintz - Privacy & Cybersecurity Viewpoints on 12/17/2014

Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 - As privacy and data security gain more visibility...more

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

Sheppard Mullin Richter & Hampton LLP on 10/17/2014

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

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/27/2013

The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more

The United States Federal Communications Commission › Jurisdiction

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