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On March 13, 2024, the Federal Communications Commission’s updates to the FCC data breach notification rules (the “Rules”) went into effect. They were adopted in December 2023 pursuant to an FCC Report and Order (the “Order”).

The Rules went into effect despite challenges brought in the United States Court of Appeals for the Sixth Circuit. Two trade groups, the Ohio Telecom Association and the Texas Association of Business, petitioned the United States Court of Appeals for the Sixth Circuit and Fifth Circuit, respectively, to vacate the FCC’s Order modifying the Rules. The Order was published in the Federal Register on February 12, 2024, and the petitions were filed shortly thereafter. The challenges, which the United States Panel on Multidistrict Litigation consolidated to the Sixth Circuit, argue that the Rules exceed the FCC’s authority and are arbitrary and capricious. The Order addresses the argument that the Rules are “substantially the same” as breach rules nullified by Congress in 2017. The challenges, however, have not progressed since the Rules went into effect.

Read our previous blog post to learn more about the Rules.