Federal Communications Commission

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

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

Recently, the FTC and FCC announced their intent to enter into a Memorandum of Understanding under which the agencies would coordinate their efforts following the adoption the Restoring Internet Freedom Order. If adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services.
Continue Reading FTC and FCC Announce Cooperation on Repeal of Net Neutrality Rules

Recently, FCC Chairman Ajit Pai released a draft of the Restoring Internet Freedom Order. If adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services.
Continue Reading FCC Releases Plan to Repeal Net Neutrality Rules

On March 1, 2017, the Federal Communications Commission, under the new leadership of Chairman Ajit Pai, voted 2-1 to issue a temporary stay of the data security obligations of the FCC’s Broadband Consumer Privacy Rules, which were to go into effect March 2, 2017. The temporary stay will remain in place until the FCC is able to act on pending petitions for reconsideration.
Continue Reading FCC Stays Implementation of Data Security Rules