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Free Speech › The United States Federal Communications Commission

Eversheds Sutherland (US) LLP

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

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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

Morrison & Foerster LLP - Social Media

Turkey’s New Social Media Law; Social Media Ad Spend; Harvard Law School’s Social Media Policy

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In an attempt to shut down free speech online, Turkey enacted a law that requires social media platforms with more than a million daily users in Turkey to open an office there or assign a representative who is legally...more

Hudson Cook, LLP

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

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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

Spilman Thomas & Battle, PLLC

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

Spilman Thomas & Battle, PLLC on

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

Hinshaw & Culbertson - Consumer Crossroads

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

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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

Brooks Pierce

Social Media and Politics: What President Trump’s Recent Executive Order Means

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Since 1996, Section 230 of the Communications Decency Act has provided critical protection from most liability for content posted by third parties to websites and other “interactive computer services.” This protection has...more

Harris Beach PLLC

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

Harris Beach PLLC on

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

Rumberger | Kirk

Significant FCC Ruling Distinguishes Online Fax Services Not in Violation of TCPA

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In a welcome win to defendants fighting TCPA fax class actions, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the Bureau) issued a declaratory ruling finding that a facsimile sent to...more

Seyfarth Shaw LLP

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

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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

Morrison & Foerster LLP - Class Dismissed

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

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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

Carlton Fields

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

Carlton Fields on

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

Brownstein Hyatt Farber Schreck

TCPA First Amendment Argument Could Eliminate Government Debt Collection Exemption

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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

Womble Bond Dickinson

TCPA on the Front Line: The Battle for the Future of American Free Speech is Quietly Taking Shape in an Appeal Over “Robocalls”

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I’ve said enough on the subject of the watered-down version of strict scrutiny being applied to the Telephone Consumer Protection Act (“TCPA”) and how that might impact the future of free speech in the country. And here are...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Womble Bond Dickinson

The Constitutional Dimension: Why the First Amendment May Light the Way to Sensible TCPA Reform

Womble Bond Dickinson on

I spent some time speaking with reporters yesterday about how we can really get to the bottom of the “robocall” epidemic plaguing this country. I focused on the need to better define our terms–so we can identify the real...more

Searcy Denney Scarola Barnhart & Shipley

Repeal of Net Neutrality? Everyone loses except the powerful

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Web Access Through Corporate Control - The barrage of backlash booming around the repeal of the net-neutrality law by the Federal Communications Commission is facing an all-fronts assault. The communications companies that...more

Searcy Denney Scarola Barnhart & Shipley

Small Business Attacked by FCC — Internet is in the hands of big business

Searcy Denney Scarola Barnhart & Shipley on

FCC Kills Net Neutrality - Death threats. Protests. Rallies. Strong opinions roil around the controversial Federal Communications Commission vote to repeal the Obama administration’s net-neutrality law that protected a...more

Searcy Denney Scarola Barnhart & Shipley

Trampling on Fundamental Freedoms — Ending Net Neutrality

Searcy Denney Scarola Barnhart & Shipley on

The issue of net neutrality discouragingly has devolved into death threats. A 28-year-old man faces criminal charges for allegedly saying he will kill Rep. John Katko if the New York Republican supports the Federal...more

Dorsey & Whitney LLP

Can Trump Make the TCPA Great Again? A Highly-Speculative Look at the Future of the TCPA under a Trump Presidency

Dorsey & Whitney LLP on

So the person that won the second-most votes in last-week’s presidential election will soon be our new commander-in-chief (isn’t the electoral college neat?) Now I like watching interest rates spike as much as the next...more

McDermott Will & Emery

Open Internet Order Prevails

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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

Dorsey & Whitney LLP

Do as We Say, Not as We Do: Government Agency (Deliciously) Exempts Itself—and the Rest of the Government—From the TCPA

Dorsey & Whitney LLP on

Happy Independence Day! While you were off barbecuing and lighting fireworks this weekend the FCC’s staff was feverishly working to give Uncle Sam a birthday present—free reign to robocall your cell phone! That’s right,...more

Adler Pollock & Sheehan P.C.

D.C. Circuit Upholds FCC’s Net Neutrality Rules

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On June 14, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the Federal Commerce Commission’s recently enacted rules that enforce “net neutrality” as to Internet Service Providers. ...more

Morgan Lewis

The DC Circuit Affirms the FCC’s Open Internet Rules

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The court upholds the FCC’s authority to regulate internet access services as telecommunications carriers and impose restrictions on blocking and throttling internet content....more

Ballard Spahr LLP

TCPA Under Scrutiny in Court and by Senate

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The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

Orrick, Herrington & Sutcliffe LLP
Minority Television Project, Inc. v. FCC and Lincoln Broadcasting Co.

Petition For Writ of Certiorari

Orrick, Herrington & Sutcliffe LLP on

Questions Presented: 1. In 1969, this Court held in Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), that the First Amendment permits the government to restrict the speech of broadcasters in ways that this Court...more

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