FCC Standardizes and Formalizes “Team Telecom” Review
Foreign investment in many entities regulated by the U.S. Federal Communications Commission (FCC) has long been subject to an interagency review process for the consideration of national security, foreign policy, and trade policy issues, referred to as “Team Telecom.” Pursuant to an April 2020 executive order and an October 2020 … Read More
Two Rulings in Two Weeks on the TCPA’s Autodialer Restrictions
The last two weeks have brought two important (although unrelated) rulings on the TCPA’s Autodialer Restrictions. First, on June 25, the Federal Communications Commission limited the applicability of the autodialer restrictions in the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), to an emerging texting technology. Second, less … Read More
U.S. Supreme Court Poses New Questions About the Scope of Hobbs Act Review
On June 20, in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., the U.S. Supreme Court vacated a decision of the U.S. Court of Appeals for the Fourth Circuit that had been adverse to the interests of our client, PDR Network. Both the majority and concurring opinions in PDR … Read More
Maine’s Act to Protect the Privacy of Online Consumer Information
Since the passage of the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq.) (“CCPA”), several states are following in California’s footsteps and adopting privacy bills that would allow consumers to object to the sale of their personal information.
California and Preemption
As one of the epicenters of the Information Age and largest state in the Nation, California’s regulatory decisions can have an outsize impact on the data economy. Recently, the State has tried to use this pride of place to stamp its imprint on two important public debates. First, on September … Read More
New Case Sheds Further Light on the Definition of Autodialer under the TCPA
Ever since the D.C. Circuit struck down the FCC’s overbroad rule defining “auto-dialers” under the Telephone Consumer Protection Act, district courts have debated the scope of the D.C. Circuit’s ruling: Did it effectively strike down earlier FCC pronouncements on what qualifies as an auto-dialer? In a carefully reasoned opinion, … Read More
FCC Asks for Input After ACA International v. FCC
The Telephone Consumer Protection Act (TCPA) bar has been reeling ever since the U.S. Court of Appeals for the D.C. Circuit overturned a couple of key Federal Communications Commission (FCC) rules in ACA International v. FCC, including the FCC’s overbroad interpretation of the definition of an autodialer. However, the ruling … Read More
D.C. Circuit Strikes Down Some Rules Governing Telephone Consumer Protection Act, Upholds Others
On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit issued a long-awaited ruling on a challenge to the Federal Communications Commission’s 2015 order that expanded the scope of the Telephone Consumer Protection Act (“TCPA”). In ACA International v. FCC, No. 15-1211, the court invalidated a … Read More
FCC and FTC Enter Memorandum of Understanding to Coordinate Regulation of ISPs
Following the recent adoption of the “Restoring Internet Freedom Order” by the Federal Communications Commission (FCC), the FCC and the Federal Trade Commission (FTC) have entered an agreement to coordinate their cooperation on the regulation of ISPs to protect consumer interest.
A Farewell to the FCC Broadband Privacy Rules
On April 3, 2017, President Trump signed the bill repealing the Federal Communications Commission’s much-debated broadband privacy rules. The House of Representatives voted 215–205 to disapprove the rules, after a party-line Senate vote of 50–48. The result is that the FCC’s key rules governing internet service providers’ collection and use … Read More