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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
Manatt, Phelps & Phillips, LLP

FCC Proposes AI Regulations

In its latest move addressing artificial intelligence (AI), the Federal Communications Commission (FCC) issued a Notice of Proposed Rulemaking (NPRM) to regulate robocalls made using AI. This NPRM follows the agency’s Notice...more

Robinson+Cole Data Privacy + Security Insider

Three More States Sue TikTok Alleging Harm to Young Users

Following in the footsteps of Nebraska, the Attorneys General of North Carolina, California, and New Jersey filed complaints against TikTok and its owner, ByteDance, Ltd., on October 8, 2024....more

Manatt, Phelps & Phillips, LLP

Eye Exam Reminders May Violate TCPA

Reminders about the need for an eye exam do not always fall within the health care provider exemption of the Telephone Consumer Protection Act (TCPA) regulations, a federal court in Florida recently held....more

Cozen O'Connor

GOP AGs Urge Congress to Tune In and Support AM Radio in Vehicles

Cozen O'Connor on

A group of 12 Republican AGs wrote a letter to Congressional leaders asking them to support the AM Radio for Every Vehicle Act of 2024 (the Act), which would require auto manufacturers to include access to AM radio in new...more

Verrill

What Do I Do With a TikTok Sweepstakes or Contest If Time May Be Running Out On This Platform?

Verrill on

This week, 14 Attorneys General have sued TikTok challenging its practices. If you are a sponsor who currently has a sweepstakes or contest running on TikTok, or if you’re considering one, you may be asking yourself what can...more

Venable LLP

Medical Marijuana and Dewberry: The Supreme Court Tackles RICO and Lanham Act Claims

Venable LLP on

It’s October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications for advertising law....more

Mintz - Intellectual Property Viewpoints

Contemplating the Impact of the USPTO’s AI-Focused Patent Eligibility Guidance on Networking Applications

For years, artificial intelligence (AI) has been deployed in the networking industry to make evaluations and predictions about computer networks for the purpose of improving overall efficiency, performance, and security. ...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Advisory Opinion Requests: Fundraising, Election Advertisements and Use of Campaign Funds for Dependent Care Expenses

Today, the Federal Election Commission (“FEC”) considered three advisory opinion requests that will have a tremendous impact on fundraising efforts, election advertisements, and the use of campaign funds to pay for childcare...more

Manatt, Phelps & Phillips, LLP

Court Finds Cellphones Covered By TCPA, But Tosses Suit

Despite holding that cellphone users are not “categorically excluded” from the TCPA, a New York federal court granted a defendant’s motion to dismiss after determining the complaint failed to allege that the defendant was...more

BakerHostetler

NAD Conference Recap: Who’s Your Sponsor?

BakerHostetler on

The topic of material disclosures was a running theme at this year’s NAD Conference. Following the one-year anniversary of the FTC’s updates to the Endorsement Guides (Guides), NAD staff shared how they were applying and...more

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY rules on TCPA case

On September 19, U.S. SDNY issued a TCPA consent-related decision granting a vehicle dealer’s motion for summary judgment in part and denying it in part. The plaintiffs alleged the vehicle dealer violated the automatic...more

Wiley Rein LLP

#MWC24 Highlights Collaborative Efforts to Stop Illegal Robocalls and Messages

Wiley Rein LLP on

On Tuesday, October 8, CTIA hosted the ConnectMobile Forum as part of this year’s Mobile World Congress in Las Vegas. The event brought together stakeholders from the messaging and voice ecosystems to discuss consumer...more

WilmerHale

FTC Finalizes Rule Banning Fake Reviews and Testimonials & Touts New Rule at Open Commission Meeting

WilmerHale on

The Federal Trade Commission (the FTC or the Commission) voted on August 14 to approve its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule). The Final Rule, which will be effective on October...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] Keeping Up With and Staying Ahead of FCC Actions on Data Privacy and Security - October 22nd, 12:00 pm - 1:00 pm EDT

Carriers have an obligation to protect customer proprietary network information (CPNI) and personally identifiable information (PI). Several recent FCC consent decrees resolving breaches of CPNI and PI show the FCC will hold...more

McGlinchey Stafford

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

McGlinchey Stafford on

For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more

Pillsbury - CommLawCenter

FCC Provides Stations Affected by Hurricanes Helene and Milton More Time to Upload Third Quarter Issues/Programs Lists

Following the devastation wrought by Hurricane Helene across the American southeast and in anticipation of Hurricane Milton’s arrival, the FCC has announced an extension of the deadline to upload Third Quarter Issues/Programs...more

Dickinson Wright

Measures for Businesses to Comply with the FCC’s One-to-One Consent Rule by January 27, 2025

Dickinson Wright on

On January 27, 2025 (the “Effective Date”), the Federal Communications Commission’s (“FCC”) “1:1” consent rule for telemarketing texts and auto-dialed, i.e., robocalls and robotexts will go into effect (the “Final Rule”). The...more

Omnizant

Multiple Websites for One Law Firm

Omnizant on

Imagine seeing five different exit signs on the highway for the same destination. Confusing, right? Multiple sites for one firm can be similarly misleading for a law firm’s prospective clients. Some firms come to us with...more

Manatt, Phelps & Phillips, LLP

Questions About Phone’s Business Use Defeat Class Certification

A California federal court has denied class certification where questions existed about the use of the plaintiff’s phone number for business. Christopher Payne filed a putative class action against Sieva Networks, alleging...more

Klein Moynihan Turco LLP

Sweepstakes Registration and Bonding Requirements

Unique and highly coveted prizes provide an effective means for brands to drive consumer engagement with sweepstakes and promotional contests. Because prizes serve as the lure to entice consumers, sweepstakes operators have...more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit: Employer Can Be Liable for Social Media Posts by Coworker

Social media posts made by a coworker off-hours and off-site may still support a Title VII claim against an employer, the Ninth U.S. Circuit Court has ruled. Lindsay Okonowsky was a staff psychologist at the Bureau of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Address FCC’s Authority in TCPA Cases: McLaughlin v. McKesson Cert Grant

The Supreme Court has granted certiorari in McLaughlin Chiropractic Associates v. McKesson Corporation (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the TCPA...more

A&O Shearman

Northern District Of California Pares Claims In Putative Class Action Against Social Media Company

A&O Shearman on

On September 30, 2024, Judge Araceli Martínez-Olguín of the United States District Court for the Northern District of California granted in part and denied in part a motion to dismiss a putative class action asserting claims...more

Cooley LLP

The UK Online Safety Act: Categorically Challenging

Cooley LLP on

As the deadline approaches for the UK to categorise online services under its new Online Safety Act (OSA), where might the lines be drawn, and what do you do if you disagree?...more

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