News & Analysis as of

Safe Harbors Telecommunications

Dechert LLP

New EU Guidelines: Agreements Among Competitors

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The European Commission has published new guidance and related regulations concerning cooperation among competitors, under Article 101 of the Treaty on the Functioning of the European Union (TFEU). These replace instruments...more

Hogan Lovells

FCC adopts new regulation of telecommunications in multi-tenant environments

Hogan Lovells on

Recent developments from the Federal Communications Commission (FCC) signal a renewed focus on leveraging the blunt instrument of regulation to spur telecommunications competition in apartment buildings, shopping malls, and...more

Eversheds Sutherland (US) LLP

TCPA Insurance? A new database offers a wider shield from liability through due diligence

The Telephone Consumer Protection Act (TCPA) poses a constant threat to companies that wish to communicate with existing and prospective customers because the statute imposes strict liability on companies that call or text...more

Faegre Drinker Biddle & Reath LLP

“The Number You Have Dialed Has Changed Subscriber” or the Advent of the Reassigned Numbers Database

After years of discussion and planning, the FCC’s Reassigned Numbers Database opened for commercial use on November 1, 2021. Now business callers can register for a paid subscription with the FCC’s designated Administrator,...more

WilmerHale

New Commerce Rule Covering ICTS Transactions Involving Foreign Parties

WilmerHale on

A new rule effective March 22, 2021 establishes a process for the US Department of Commerce to review commercial transactions between US and foreign parties for certain information and communications technology and services...more

Wiley Rein LLP

Multiple New FCC Robocall Initiatives Set New Expectations for Voice Service Providers

Wiley Rein LLP on

Following passage of the Pallone-Thune TRACED Act (TRACED Act or TRACED) in late 2019, the Federal Communications Commission (FCC or Commission) implemented the law’s numerous robocall abatement provisions on the statute’s...more

Faegre Drinker Biddle & Reath LLP

New Year, New Rules: FCC Modifies Existing TCPA Exemptions, Adopts New “Call Blocking” Requirements, and Clarifies TCPA...

Some welcome the New Year with new goals and new plans while others – the FCC, in particular, welcomes the New Year by wrapping up TCPA rulemakings and issuing other rulings. As expected, a number of TRACED Act items were...more

Womble Bond Dickinson

FCC Selects SomosGov as Next Telephone Number Administrator and Reassigned Numbers Database Administrator

Womble Bond Dickinson on

The FCC continues to slowly, but surely, make progress towards launching the Reassigned Number Database that it first proposed in June 2017 and then ultimately voted to create in December 2018.  On December 1, 2020, the...more

Mintz

TCPA Regulatory Update — FCC Adopts Safe Harbor to Encourage Blocking of Unwanted Robocalls; FCC Releases TCPA Clarifications &...

Mintz on

FCC Adopts Safe Harbor to Encourage Voice Service Providers to Block Unwanted Robocalls - The FCC adopted a highly anticipated Third Report and Order, Order on Reconsideration, and Fourth Further Notice of Proposed...more

Womble Bond Dickinson

FCC Adopts New Rules with Safe Harbors for Blocking Robocalls

Womble Bond Dickinson on

Continuing with its efforts against illegal robocalling, the Federal Communications Commission (FCC) adopted rules to further encourage phone companies to block illegal and unwanted robocalls before they reach consumers. ...more

Robins Kaplan LLP

Financial Daily Dose 2.13.2020 | Top Story: Britain Investigates Ties Between Jeffrey Epstein and Barclays CEO Staley

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UK regulators are probing ties between disgraced financier Jeffrey Epstein and Barclays CEO Jes Staley. The bank’s board is so far standing 100% with Staley, who has expressed “regret” over his relationship with Epstein....more

Robins Kaplan LLP

Financial Daily Dose 2.7.2020 | Top Story: Credit Suisse CEO Tiam Out in Wake of Corporate Spying Scandal

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Credit Suisse’s CEO Tidjane Thiam is out, to be succeeded next week by longtime company vet Thomas Gottstein. Thaim appeared to have ridden out the corporate spying scandal involving a former employee last year, and he had...more

Brownstein Hyatt Farber Schreck

Robocall Legislation Moves Forward

Compromise robocall legislation, called the Pallone-Thune TRACED Act (“Act”), is likely to be enacted soon. The Act enhances the Federal Communications Commission’s (“FCC”) enforcement powers, mandates adoption of the...more

Mintz - Privacy & Cybersecurity Viewpoints

Are You Talking To A Bot? – New CA Law Makes Disclosure the Best Option

Welcome to July. While the California Consumer Protection Act (“CCPA”) is certainly one of the most important pieces of privacy legislation affecting many businesses today, we want to remind our readers of another California...more

Faegre Drinker Biddle & Reath LLP

TCPA Legislation on the Horizon?

While the FCC has a record open to adopt guidance and a new definition for what it considers as an “automatic telephone dialing system” (ATDS) and related TCPA matters, there appears to be growing consensus on “Robocall”...more

Faegre Drinker Biddle & Reath LLP

The Next Round of the FCC’s “Call Blocking by Default” Approach Kicks off with a Further Notice of Proposed Rulemaking

By directing voice service providers to deal with “unwanted calls” as part of its anti-robocall policies, the FCC seems to have moved well beyond addressing “illegal and spoofed robocalls.” The text of the FCC’s new “Call...more

Smith Debnam Narron Drake Saintsing & Myers,...

Government Shutdown Leaves Consumers Vulnerable

The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one. Every day, Americans fall victim to harassing telemarketing...more

Womble Bond Dickinson

What to Do When the Government Shutdown Leaves Your Company Without Access to the National DNC Registry

Womble Bond Dickinson on

On December 22, 2018, due to the lapse in government appropriations, a partial federal government shutdown went into effect. With no end in sight, this partial shutdown has had important effects on all industry sectors. For...more

Akin Gump Strauss Hauer & Feld LLP

FCC Approves Order Addressing Reassigned Number Database and Accompanying Safe Harbor

• Companies across industries have been facing TCPA litigation based upon calls and text messages to reassigned telephone numbers. • On December 12, 2018, the FCC—with the support of many parties and industry groups—voted...more

Burr & Forman

Legislation Proposed in House and Senate Addressing the Definition of “Robocalls,” Revocation and Re-Assigned Numbers

Burr & Forman on

Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone, Jr. and Senator Ed Markey entitled...more

Womble Bond Dickinson

The FCC is Set to Consider the Definition of “Called Party” and the Fate of the TCPA Hangs in the Balance

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As we reported here last week, the FCC is seeking comment on a number of key issues that were addressed in ACA Int’l. One of these key issues is the definition of the term “called party,” which has the potential to completely...more

Womble Bond Dickinson

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

Bradley Arant Boult Cummings LLP

D.C. Circuit Court of Appeals’ TCPA Ruling Is a Mixed Bag

On March 16, 2018, the D.C. Circuit Court of Appeals issued its long-awaited Telephone Consumer Protection Act (TCPA) opinion in ACA International v. Federal Communications Commission, a consolidated appeal of the FCC’s July...more

Akin Gump Strauss Hauer & Feld LLP

ACA International v. F.C.C., et al.

• The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA’s prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order...more

Dechert LLP

Examining the Limits of the Forward Contract Safe Harbor

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As discussed in a recent Dechert OnPoint, section 365(e)(1) of the U.S. Bankruptcy Code provides that an executory contract of a debtor may not be terminated solely because of a provision in such contract that is conditioned...more

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