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Wireless Devices Mobile Devices

Nelson Mullins Riley & Scarborough LLP

Beware of Scams that Hijack Cellphone Accounts: The Importance of Authentication for Businesses and Consumers: Privacy Day...

Consumers use cell phone numbers to authenticate their identities across a variety of accounts, such as those held with wireless providers, financial institutions, healthcare providers, and retail websites. One common example...more

Goodwin

CFPB Analyzes Mobile Device Tap-To-Pay Market as Possible Precursor to New Regulation

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​​​​​​​On September 7, 2023, the Consumer Financial Protection Bureau (CFPB) published its analysis of how smartphone companies are affecting consumers’ use of so-called “tap-to-pay” technology – the wireless transfer of data...more

Poyner Spruill LLP

“It’s Not My Phone” May Be No Better an Excuse Than “My Dog Ate My Homework”

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Texting in the course and scope of business communications is almost ubiquitous.  If your company issued a phone to an employee, presumably your company has the ability to control and preserve text messages sent on it. ...more

Wiley Rein LLP

FCC Publishes Robotexting Report and Order and FNPRM in the Federal Register

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On April 11, 2023, the Federal Communications Commission (FCC or Commission) published a Report and Order (R&O) in the Federal Register, setting an effective date of May 11, 2023 for certain of its rules. The R&O establishes...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #284 – Check Out EFF’s Surveillance Self-Defense Playlist: Getting to Know Your Phone

The Electronic Frontier Foundation (EFF) (www.eff.org) is a wonderful resource for privacy-related issues and concerns. I check its website frequently to make sure I am aware of the latest issues and concerns around privacy....more

Hogan Lovells

Dutch court recognizes cross-border jurisdiction in patent infringement case against Chinese defendant

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In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more

Benesch

TCPA Compliance Curveball: First Circuit Holds That Landline Phone May Be Treated As A Cell Phone For TCPA Purposes

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In doing so, the First Circuit both expanded the scope of TCPA liability while simultaneously making compliance virtually impossible for callers. Cellular services and VOIP - The ATDS prohibition of the TCPA regulates...more

Kelley Drye & Warren LLP

FCC Proposes Mobile Phone E911 Vertical Location Accuracy Standard

At its March 15 Open Meeting, the FCC intends to vote on a Fourth Further Notice of Proposed Rulemaking (“FNPRM”) in its Wireless E911 Location Accuracy Requirements proceeding that would consider adoption of a vertical, or...more

Jackson Lewis P.C.

Georgia Bans Hand-Held Devices While Driving

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Georgia has become one of 16 states in the country that bans the use of hand-held devices while driving. Governor Nathan Deal signed “Hands-Free Georgia Act” (House Bill 673) into law on May 2, 2018. The new law takes effect...more

BCLP

Ofcom continues to vigorously police UK mobile spectrum

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Consumers using their phones likely have little idea of the fierce battles mobile companies undertake to provide their handsets with better reception than their competitors. Consumers would be further surprised to find out...more

BCLP

D.C. Circuit Rejects FCC’s Interpretation of Automatic Telephone Dialing System Under TCPA

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As retailers continue to be sued for alleged violation of the Telephone Consumer Protection Act (“TCPA”), a long-awaited ruling by the D.C. Circuit on the FCC’s 2015 Declaratory Ruling and Order (“2015 Order”) may provide...more

Dorsey & Whitney LLP

D.C. Circuit Shuts Down Rite Aid’s Challenge to Expand Healthcare Exemptions under the TCPA and HIPAA

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On March 16, 2018, the U.S. Circuit Court of Appeals for the District of Columbia issued a groundbreaking decision in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l“) that...more

Dorsey & Whitney LLP

Autodialer Junction, What’s Your Function? D.C. Circuit Reverses FCC’s Internally Inconsistent Interpretations of ATDS...

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The D.C. Circuit’s reversal of the Federal Communications Commission’s (“FCC” or “Commission”) pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will...more

Eversheds Sutherland (US) LLP

Call connected: DC Circuit finally weighs in, rejects significant parts of the Federal Communications Commission’s 2015 TCPA order

In a long-awaited ruling, the US Court of Appeals for the DC Circuit trimmed the expansive scope of the Telephone Consumer Protection Act (TCPA). The appellants, in ACA International v. Federal Communications Commission...more

Dorsey & Whitney LLP

D.C. Circuit Holds that FCC’s Interpretation of the Term “Capacity” is Invalid Because It Makes Nearly Every American a...

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The D.C. Circuit has rejected the FCC’s “impermissibly expansive” interpretation of what constitutes an Automatic Telephone Dialing System (“ATDS”) under the TCPA. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535...more

Goodwin

D.C. Circuit Issues Long-Awaited Decision in ACA Challenge to FCC TCPA Rulemaking

Goodwin on

On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited decision in ACA International v. FCC, invalidating several key pieces of the FCC’s 2015 Telephone Consumer Protection Act (TCPA)...more

Dorsey & Whitney LLP

D.C. Circuit Dooms “Idiosyncratic” or “Imaginative” TCPA Revocation Efforts While Blessing Contractual Revocation Provisions in...

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Nearly a year-and-a-half after oral argument on the ACA International v. FCC petition for review of the Federal Communications Commission’s (“FCC” or “Commission”) 2015 Omnibus Order (or “Omnibus”), the D.C. Circuit Court of...more

Dorsey & Whitney LLP

D.C. Circuit Court of Appeals Sets Aside FCC’s Definition of “Called Party” Under the TCPA—What Comes Next?

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The Telephone Consumer Protection Act (“TCPA”) makes it unlawful to make autodialed calls without the prior express consent of the “called party.” 47 USC §227(b)(1)(A). ...more

Benesch

ATDS, WTF? The DC Circuit Dismantles the FCC’s 2015 TCPA Order

Benesch on

Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit...more

Brownstein Hyatt Farber Schreck

The D.C. Circuit Issues a Split Ruling on the FCC’s 2015 Omnibus TCPA Order

The long-awaited ruling by the United States Court of Appeals for the District of Columbia on the Federal Communications Commission’s (“FCC”) 2015 Omnibus Telephone Consumer Protection Act (TCPA) order was finally released on...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #119 – Getting the Newest Smartphone as a Gift? Take Care When Downloading Apps

‘Tis the season for gift giving. Smartphones and mobile devices are a hot item during the holidays. The first thing many people do when they get a new phone or device is to start downloading apps. Since there will be a lot of...more

Hogan Lovells

Companies today need to routinely assess their wireless network connectivity options related to their products and overall...

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In this hoganlovells.com interview, Hogan Lovells partner Trey Hanbury talks about the need for wireless carriers to broaden their offerings to meet the demands of an increasing number of niche markets. At the same time,...more

McNees Wallace & Nurick LLC

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Carlton Fields

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

Carlton Fields on

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

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