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Telecommunications The United States Federal Communications Commission Appeals

Sheppard Mullin Richter & Hampton LLP

Dialing Up Accountability: FCC’s Warning Shot to Mobile Network Operators on CPNI

Key Takeaways: The Federal Communications Commission (“FCC”) sent a loud message to the telecommunications industry: the era of lax CPNI compliance is over. - Mobile network operators (MNOs), mobile virtual network...more

Davis Wright Tremaine LLP

Circuits Apply 'California Payphone' Standard to Contrasting Wireless and Wireline Cases

Two recent decisions issued this summer by different United States Courts of Appeals interpreting Sections 253 and 332 of the Communications Act demonstrate the continuing uncertainty carriers face when challenging state and...more

Perkins Coie

DC Circuit Affirms Exemption for Certain Commercial Non-Telemarketing Calls

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently denied a petition to review a 2020 Federal Communications Commission (FCC) order that permitted callers to place commercial...more

Best Best & Krieger LLP

5G Infrastructure Decision Mixed for Local Governments

Ninth Circuit Takes on FCC Small Cell Orders - The U.S. Ninth Circuit Court of Appeals handed local governments some wins in a decision last week arising from the court’s consolidation of five appeals from three FCC 5G...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Adopts Narrow Definition of Autodialer Under The TCPA

The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (“TCPA”), one...more

Bradley Arant Boult Cummings LLP

Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split

On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits the expansive potential liability...more

Burr & Forman

Glasser v. Hilton: Citing Principles of Statutory Interpretation, the Eleventh Circuit Drastically Reduces the Scope of TCPA

Burr & Forman on

The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991.  However, since passage of the Act there has been considerable debate...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Upholds “Light Touch” Federal Regulation of Broadband ISPs, but Opens the Door to Differing State-Level Laws

On October 1, 2019, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) largely upheld the “light-touch” approach to net neutrality regulation adopted by the Federal Communications Commission (FCC or the...more

Faegre Drinker Biddle & Reath LLP

The FCC’s “Restoration of Internet Freedom Order” Largely Survives on Appeal; But Net Neutrality is Not Dead Yet

On October 1, the U.S. Court of Appeals for the D.C. Circuit released a long awaited decision in Mozilla Corporation v. FCC that largely upheld most aspects of the Federal Communications Commission’s 2018 “Restoring Internet...more

Sheppard Mullin Richter & Hampton LLP

The Sixth Circuit Limits the Meaning of ATDS Under the TCPA

Recently, the Sixth Circuit in Gary v. Trueblue, Inc., No. 18-2281, 2019 U.S. App. LEXIS 26959 (6th Cir. Sep. 5, 2019), weighed in on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Hears Challenge To Federal Communications Commission’s 2018 Restoring Internet Freedom Order

On Friday, February 1, 2019, the U.S. Court of Appeals for the D.C. Circuit held a marathon oral argument in Mozilla Corp. v. FCC, No. 18-1051 (D.C. Cir. Feb. 22, 2018), in which various petitioners challenged the Federal...more

Best Best & Krieger LLP

New FCC Shot Clocks and Other Rules Preempting Local Authority Over Wireless Take Effect Today - Federal Shutdown Does Not Delay...

A pair of orders by the 10th Circuit U.S. Court of Appeals in the litigation over the FCC’s controversial small cell order were issued Thursday. ...more

Sheppard Mullin Richter & Hampton LLP

As The “Net Neutrality” World Turns . . . .

Earlier this week, the United States Supreme Court denied requests by the Trump Administration and telecommunications industry players to vacate a prior decision by the D.C. Circuit Court of Appeals upholding the Federal...more

Sheppard Mullin Richter & Hampton LLP

Rikki, Don’t Autodial That Number! – Ninth Circuit Doesn’t Want You To Call Nobody Else (in violation of the TCPA)

Class action plaintiffs’ attorneys may argue that a recent ruling by the Ninth Circuit expands the scope of liability under the Telephone Consumer Protection Act (“TCPA”) to include calls or text messages sent on all modern...more

Fenwick & West LLP

Ninth Circuit Adopts Expansive Definition of Auto-Dialer in TCPA Case

Fenwick & West LLP on

In a ruling that increases liability for companies that use text messaging for marketing or communicating with customers, the U.S. Court of Appeals for the Ninth Circuit adopted an expansive definition of what constitutes an...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

Perkins Coie

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

Perkins Coie on

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

Perkins Coie on

The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

Davis Wright Tremaine LLP

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Ballard Spahr LLP

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

Ballard Spahr LLP on

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

Burr & Forman

Sixth Circuit Weighs in on TCPA “Prior Express Consent”

Burr & Forman on

The U.S. Court of Appeals for the Sixth Circuit recently addressed both the timing and scope of “prior express consent” under the Telephone Consumer Protection Act (“TCPA”). The plaintiff in Stephen M. Hill v. Homeward...more

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