News & Analysis as of


Georgia Federal Court Finds Dialing System is Not an ATDS Due to Human Intervention

by Burr & Forman on

In the wake of the D.C. Circuit’s ruling in ACA International v. Federal Communications Commission, 885 F.3d 687 (D.C. Cir. 2018), which struck down the FCC’s interpretations of “automatic telephone dialing system” (“ATDS”)...more

2018 Final Legislative Update Home - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

Promising a veto of the just-passed budget and tax bills, Gov. Phil Scott has called lawmakers back to the Statehouse for a planned three-day Special Session starting May 23....more

Effective Date for Hearing Aid Compatibility Rules for ACS Telephonic CPE Announced

by Davis Wright Tremaine LLP on

Tuesday’s Federal Register publication of certain Hearing Aid Compatibility (“HAC”) rules imposing labelling, notification, certification, database registry and designated agent requirements for wireline handsets for advanced...more

Senate Vote A Setback For Trump’s FCC

by King & Spalding on

On May 16, Senate Democrats (joined by a handful of Republicans) won a narrow vote to block the Federal Communication Commission (“FCC”) from reclassifying broadband internet services. The reclassification, due to take effect...more

As Congress Examines Telecommunications Industry Challenges, Threats To Competition And National Security Remain Key Focus Areas

by King & Spalding on

Last Wednesday, May 16, the House Energy & Commerce Committee’s Communications and Technology Subcommittee (the “Subcommittee”) held a hearing entitled, “Telecommunications, Global Competitiveness, and National Security,”...more

The Saga Continues: Fourth Post-ACA Int’l Case on ATDS Functionality Holds FCC’s 2003 Ruling “Still Stands”

by Womble Bond Dickinson on

The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now...more

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

by Womble Bond Dickinson on

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

ACA International Heavily Influences District Court’s Holding Defendant Did Not Use ATDS

by Burr & Forman on

Herrick v., LLC, No. CV 16-00254-PHX-DJH, 2018 WL 2229131 (D. Ariz. May 14, 2018) - Background - In 2015, Defendant contracted with a third-party web-based software application company called 3Seventy to...more

Stay with me now: Why the Primary Jurisdiction Doctrine is a TCPA Defendant’s New Best Friend

by Womble Bond Dickinson on

The TCPA has been in more-or-less constant upheaval since July, 2015. The events of the last two weeks in TCPAland have been relentless and breathtaking in their immediate and potential significance. Chief among these...more

Cell Tower Landlord’s Checklist - Know Your Rights Amid Mobile Carrier Mega Mergers

by Best Best & Krieger LLP on

In addition to the proposed merger between Sprint and T-Mobile and its planned consolidation of cell sites, providers such as Verizon and AT&T are trading their interests in towers and other wireless deployments. ...more

Another Strike Out? Tampa Bay Rays “Hit” With TCPA Class Action Over Text Campaign

by Womble Bond Dickinson on

Not only did the Tampa Bay Rays start this season with the worst record in the majors (1-8), they are also striking out in TCPAland. Yesterday, a class action was filed against the baseball team in the Middle District of...more

Silence is Golden: FCC’s Decision Not to Address Cunningham-Moskowitz Petition in TCPA Public Notice Speaks Volumes

by Womble Bond Dickinson on

Sometimes its what’s missing that says the most. The FCC’s Public Notice respecting the scope and architecture of the TCPA is notable for numerous reasons, as my Washington D.C. colleagues just explained yesterday....more

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

by Kelley Drye & Warren LLP on

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit...more

FCC Chairman Gives Industry SHAKEN/STIR Solution “License to Kill” Spoofed Robocalls

by Womble Bond Dickinson on

In a Press Release earlier this week, FCC Chairman Pai gave his blessing to a report of the North American Numbering Council on “SHAKEN/STIR”, an industry-developed set of protocols and operational procedures for the...more

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

by 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

FCC Seeks Comments on TCPA in Wake of ACA International Decision

by Burr & Forman on

On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics...more

FCC Seeks Comment on Issues Arising from Appellate Reversal of Portions of TCPA Omnibus Order in ACA International

by Davis Wright Tremaine LLP on

The Federal Communications Commission (FCC) has issued a Public Notice seeking comment on the Telephone Consumer Protection Act (TCPA) definition of “automatic telephone dialing system” (or “autodialer”), potential liability...more

FCC Seeks to Refresh the TCPA Record

by Hogan Lovells on

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board...more

Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day...

by Womble Bond Dickinson on

Herrick v. GoDaddy – ORDER Granting D MSJ 5.14.18 - As we reported yesterday May 15, 2018, a court in the Southern District of Florida just held that the FCC’s 2003 and 2008 predictive dialer rulings survived their brush...more

A New Day for Predictive Dialer TCPA Cases?: First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l

by Womble Bond Dickinson on

As soon as ACA Int’l was handed down, the debate began. Are predictive dialers still covered by the TCPA following ACA Int’l’s reversal of the FCC’s ATDS formulation or is the statute’s narrow definition now the law of the...more

Pentagon Bans Sale Of Huawei And ZTE Phones To Military Personnel

by King & Spalding on

The Department of Defense has ordered retail stores on U.S. military bases to stop selling phones made by two Chinese manufacturers, Huawei Technologies Co. and ZTE Corp. The move signals an escalating view from the U.S....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The long-standing unease between CBS and the Redstone family bubbled over into a “corporate declaration of war” yesterday, with CBS suing controlling shareholder Shari Redstone and her family’s holding company to prevent (or...more

SDNY Denies Plaintiff’s Attempt To Vacate Arbitral Awards In Administrative Charge Dispute With Verizon

by Carlton Fields on

Verizon Wireless prevailed recently in confirming certain arbitration awards related to a dispute based on allegedly unlawful administrative charges for a cellular contract. ...more

FCC Imposes Record-Setting $120 Million Fine for Spoofed Robocall Campaign

by Kelley Drye & Warren LLP on

In the largest forfeiture ever imposed by the agency, the Federal Communications Commission (FCC) issued a $120 million fine against Adrian Abramovich and the companies he controlled for placing over 96 million “spoofed”...more

Data Privacy + Cybersecurity Insider - May 2018 #2

by Robinson & Cole LLP on

AICPA Survey Shows U.S. Adults Worried About Identity Theft and Financial Fraud and Concerned Businesses Can’t Protect Their Data - A new Harris Poll for the American Institute of CPAs (AICPA), which called 1,006 U.S....more

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