Category Archives: Federal Communications Commission

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On the Eve of the FCC’s Reclassification of Broadband Services, the FCC and FTC Release Memorandum of Understanding for Oversight of Broadband

By Steve Augustino and Jennifer Wainwright on Posted in Federal Communications Commission, Federal Trade Commission, Uncategorized
On December 11, 2017, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) released a draft Memorandum of Understanding (MOU) which will allocate oversight and enforcement authority related to broadband Internet access service (BIAS) between the two agencies.  The new MOU was announced three days before the FCC’s scheduled vote to reclassify BIAS as … Continue Reading

Chairman Pai Set to Release Draft Net Neutrality Item

By Alysa Zeltzer Hutnik and Jameson Dempsey on Posted in Federal Communications Commission
On November 21, 2017, FCC Chairman Ajit Pai issued a statement announcing that he had circulated his draft Restoring Internet Freedom Order to his fellow commissioners. The draft Order will largely undo the 2015 Open Internet Order and limit FCC jurisdiction over broadband Internet access services, although it appears that the order will retain a … Continue Reading

Ad Law News and Views Newsletter

By Kelley Drye on Posted in Advertising, Antitrust, Class Actions, Consumer Protection, Dietary Supplements, Enforcement, Fashion and Retail, Federal Communications Commission, Federal Trade Commission, Food and Drug, Kelley Drye, Legislative Developments, NAD, Privacy and Information Security, Regulatory Developments, Social Media, State Attorneys General
Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

By John J. Heitmann, Alysa Zeltzer Hutnik, Jameson Dempsey, Ross Slutsky and Jennifer Wainwright on Posted in Federal Communications Commission, Privacy and Information Security
At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

FCC Flexes Muscle: T-Mobile to Pay $48 Million for Failing to Disclose Limits on ‘Unlimited’ Data

By Alysa Zeltzer Hutnik and Spencer Elg on Posted in Federal Communications Commission
Showing that it’s not about to slow down its aggressive enforcement of its open Internet regulations, the Federal Communications Commission (FCC) announced a settlement yesterday resolving claims that T-Mobile USA Inc. (T-Mobile) failed to adequately disclose material restrictions on T-Mobile and MetroPCS data plans that were advertised as “unlimited” from August 2014 to June 2015.  … Continue Reading

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

By John J. Heitmann and Jameson Dempsey on Posted in Federal & State Regulatory, Federal Communications Commission, Privacy and Information Security, Regulatory Developments
On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers (ISPs). The proposed rules are scheduled to be considered by the full Commission at its monthly meeting on October 27, 2016. These rules come after … Continue Reading

Kelley Drye’s Full Spectrum Podcast

By Kelley Drye on Posted in Federal Communications Commission, Internet of Things, Legislative Developments, Privacy and Information Security, Regulatory Developments
Five months ago, Kelley Drye’s Communications practice group launched the Full Spectrum podcast. Since then, they have recorded and posted ten episodes, featuring several different attorneys speaking on the most timely trends and issues in the Communications industry. While the podcast is still new, it has gained a substantial following through iTunes, SoundCloud, their podcast … Continue Reading

FCC Approves Release of NPRM to Implement Government Debt TCPA Exemption

By Jennifer Wainwright and Steve Augustino on Posted in Federal Communications Commission, Regulatory Developments, Telemarketing and Call Center Operations
On May 4, 2016, the FCC issued a Notice of Proposed Rulemaking to exempt robocalls made to collect “a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent requirement. The new rules will implement a provision of the Bipartisan Budget Act of 2015. In its Notice, the Commission seeks … Continue Reading

FCC Proposes Sweeping Broadband Privacy and Data Security Rules

By Katie Townley and Alysa Zeltzer Hutnik on Posted in Federal Communications Commission, Privacy and Information Security, Regulatory Developments
On March 31, 2016, the FCC voted along party lines (3-2) to issue a notice of proposed rulemaking (NPRM) to establish privacy rules for Broadband Internet Access Service (BIAS) providers. These proposals, if adopted, could impose prescriptive and complex privacy obligations that would be among the most extensive in the country. As our Communications group’s … Continue Reading

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

By Alysa Zeltzer Hutnik, Steve Augustino and Jennifer Wainwright on Posted in Federal Communications Commission, Telemarketing and Call Center Operations
On January 11, 2016, the FCC’s Consumer and Governmental Affairs Bureau released an order denying a petition by a text message platform provider for a declaratory ruling that the Commission should evaluate TCPA liability for these types of entities under the same standard established for fax broadcasters.  In the Order, the Bureau explained that a separate … Continue Reading

Express Written Consent Requirement for Telemarketing Calls and Texts to Take Effect October 16, 2013

By Alysa Zeltzer Hutnik on Posted in Federal Communications Commission, Mobile Marketing, Privacy and Information Security, Telemarketing and Call Center Operations
New rules issued by the Federal Communications Commission ("FCC") last year are about to take effect. These rules will make it more difficult for businesses to make telemarketing calls and texts to wireless customers and to certain residential customers by requiring express written consent (1) to make telemarketing calls using an autodialer or prerecorded message … Continue Reading

FCC Opens the Door to Vicarious Liability for Third-Party Telemarketing Under Certain Conditions

By Alysa Zeltzer Hutnik on Posted in Advertising, Federal Communications Commission, Telemarketing and Call Center Operations
On May 9, 2013, the Federal Communications Commission ruled that sellers may be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for unlawful telemarketing by third parties under certain circumstances. The FCC’s Declaratory Ruling addresses third-party liability for violations of the Do Not Call and prerecorded message restrictions of the Communications Act. The … Continue Reading

Watch Kelley Drye’s “Smartphone Revolution” Webinar On Demand

By Kelley Drye on Posted in Federal Communications Commission, Federal Trade Commission, Kelley Drye, Mobile Marketing, Promotions, Social Media
Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further, numerous class action lawsuits in state and federal courts have addressed issues and nuances that the Federal Communications Commission, Federal Trade Commission, and state regulatory agencies or … Continue Reading

Insurance Coverage for Data Breach Claims

By on Posted in Federal Communications Commission, Privacy and Information Security
Data breaches caused by hackers or other forces outside the control of a business are a scary, and expensive, proposition for any organization that collects or retains personally identifiable information, or warehouses credit or financial information. According to a recent study by Symantec, an average data breach will cost an organization $5.5 million, including direct … Continue Reading

FCC Determines Radio Station Failed to Comply with Contest Rules

By Gonzalo E. Mon on Posted in Advertising, Federal Communications Commission, Promotions
Last year, a CBS radio station in North Carolina ran a “Carolina Cuties” contest in which listeners were invited to submit pictures of their babies on the station’s website. The grand prize winner was be determined by public votes. Although broadcast announcements for the contest stated that voting would end on September 5, 2011, the … Continue Reading

Join us Feb. 16 for “Privacy in 2012” Seminar and Teleconference

By Dana B. Rosenfeld on Posted in Federal Communications Commission, Federal Trade Commission, Mobile Marketing, Privacy and Information Security
Changes to privacy regulations, such as proposed revisions to the Children’s Online Privacy Protection Act (COPPA), and continuously evolving technologies, including mobile apps with location-based services, can make it difficult for businesses to ensure their privacy practices are up to par. On February 16, Kelley Drye will gather government leaders from the FTC and FCC, … Continue Reading

Avoiding Trouble When Adding an App to the Business Model

By John J. Heitmann on Posted in Federal Communications Commission, Federal Trade Commission, Mobile Marketing, Privacy and Information Security, Social Media
The rise of smartphones, wifi hotspots, and high-speed data networks has spurred new technology-based business models and the exponential growth of consumer information online. Chief among new technologies, the use of mobile applications—“apps”—has exploded in the past few years. From near-constant posts on Facebook to attacking the green pigs on Angry Birds, consumers have opened … Continue Reading

‘Big Three’ Weigh in on Online Privacy: FTC, FCC and NTIA Testify at Privacy Hearing

By John J. Heitmann on Posted in Federal Communications Commission, Federal Trade Commission, Privacy and Information Security
On July 14, 2011, a joint House Energy and Commerce Subcommittee hearing focused on online privacy policy and perspectives of the ‘big three’ federal agencies with potential jurisdiction over online privacy – the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the National Telecommunications and Information Administration (NTIA). The hearing, Internet Privacy: The … Continue Reading

Join Us on May 16 for the Webinar, “Mobile Applications: Privacy and Data Security Considerations”

By Dana B. Rosenfeld on Posted in Federal Communications Commission, Federal Trade Commission, Mobile Marketing, Privacy and Information Security
Do you know what kind of data your smartphone apps are collecting? Understanding the flow of data, how it is shared, and whether your apps collect sensitive information such as mobile payments or location-based data is critical to avoiding regulatory scrutiny and litigation risks. Join Kelley Drye on May 16 from 12 noon – 1:00pm … Continue Reading
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