On March 13, 2024, the Federal Communications Commission’s updates to the FCC data breach notification rules went into effect.
Continue Reading FCC Updated Data Breach Notification Rules Go into Effect Despite Challenges
Federal Communications Commission
FCC Issues Declaratory Ruling that TCPA Applies to AI-Generated Voice Calls
On February 8, 2024, the Federal Communications Commission declared that calls using AI-generated, cloned voices fall under the category of “artificial or prerecorded voice” within the Telephone Consumer Protection Act and therefore are generally prohibited without prior express consent, effective immediately.
Continue Reading FCC Issues Declaratory Ruling that TCPA Applies to AI-Generated Voice Calls
FCC Adopts Updated Data Breach Notification Rules
On December 13, 2023, the Federal Communications Commission (FCC) voted to update its 16-year old data breach notification rules (the “Rules”). Pursuant to the FCC update, providers of telecommunications, Voice over Internet Protocol (VoIP) and telecommunications relay services (TRS) are now required to notify the FCC of a data breach, in addition to existing obligations to notify affected customers, the FBI and the U.S. Secret Service.Continue Reading FCC Adopts Updated Data Breach Notification Rules
FCC Proposes $3.4 Million in Fines for Violations of Children’s TV Programming Rules
On September 21, 2022, the Federal Communications Commission announced a proposed combined fine of $3.4 million against Sinclair Broadcast Group, Nexstar Media Group and 19 other broadcast television licensees for violations of rules limiting commercial matter in children’s television programming.
Continue Reading FCC Proposes $3.4 Million in Fines for Violations of Children’s TV Programming Rules
Fight Against Robocalls Is Coming for Telemarketing Text Messages
As reported on the Hunton Retail Resource Blog, on October 20, 2021, a new wave in the fight against “robocalls” is targeting telemarketing text messages. In the past six months, there has been an uptick in activity at both the state and federal level to reign in telemarketing text messages. …
Continue Reading Fight Against Robocalls Is Coming for Telemarketing Text Messages
FCC Partnership to Fight Robocalls
On July 27, 2020, the Enforcement Bureau of the Federal Communications Commission designated the Industry Traceback Group as the FCC’s official consortium for coordinating efforts to trace illegal robocalls.
Continue Reading FCC Partnership to Fight Robocalls
Good News for TCPA Defendants
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
Continue Reading Good News for TCPA Defendants
Senator Wyden Calls for FCC Investigation into Company Sharing Location Data
On May 8, 2018, Senator Ron Wyden (D–OR) demanded that the FCC investigate the alleged unauthorized tracking of Americans’ location by Securus Technologies.
Continue Reading Senator Wyden Calls for FCC Investigation into Company Sharing Location Data
FTC Recommends Steps to Improve Mobile Device Security Update Practices
On February 28, 2018, the Federal Trade Commission issued a report, titled Mobile Security Updates: Understanding the Issues, that analyzes the process by which mobile devices sold in the U.S. receive security updates and provides recommendations for improvement.
Continue Reading FTC Recommends Steps to Improve Mobile Device Security Update Practices
Ninth Circuit Decision Bolsters FTC Authority Over Internet Service Providers
On February 26, 2018, the United States Court of Appeals for the Ninth Circuit ruled in an en banc decision that the “common carrier” exception in the Federal Trade Commission Act is “activity-based,” and therefore applies only to the extent a common carrier is engaging in common carrier services.
Continue Reading Ninth Circuit Decision Bolsters FTC Authority Over Internet Service Providers