Deadlines & Headlines

Featuring the latest news, trends, and legal developments in the telecommunications and technology space.

Deadlines & Headlines

Consumer Privacy & Telemarketing

Consumer data is an extremely valuable asset — it has become the common currency of the world of networked communication. Protecting consumer data is critical to maintaining the trust of customers and a competitive edge. Such protection, however, is not simply a matter of good business, it is also an increasingly critical legal issue for companies of all sizes.

The attorneys at Arent Fox help clients understand a business’ legal obligations to protect consumer information, including the FCC’s Customer Privacy Network Information (CPNI) rules, the CAN-SPAM Act, the Telecommunications Consumer Protection Act (TCPA), the Gramm-Leach-Bliley Act, the Children’s Online Privacy Protection Act (COPPA), and the Obama Administration’s Consumer Privacy Bill of Rights. We take a strategic, proactive approach to privacy planning with the client’s business in mind. Arent Fox has extensive experience in helping its clients draft policies and procedures that meet the evolving legal requirements and help mitigate unnecessary risk in using personal information.

Our attorneys are actively engaged in the consumer data privacy conversation. We regularly appear at conferences and industry events related to privacy regulation and advise a wide array of companies and trade associations, with a particular emphasis on mobile marketing and telemarketing compliance.

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Ninth Circuit Rules That Receiving Allegedly Unsolicited Text Is Sufficient By Itself To Establish Concrete Harm

On January 30, 2017, the Ninth Circuit Court of Appeals upheld the dismissal of a Telephone Consumer Protection Act (TCPA) class action on the ground that the plaintiff did not clearly revoke his prior express consent to receive text messages from his former gym. But in coming to this conclusion, the court first found that a TCPA plaintiff does not have to allege any additional harm beyond receiving an unsolicited text message to satisfy the concrete-injury requirement that was recently at the center of the Supreme Court’s Spokeo decision. 
 

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FCC Adopts Broadband Privacy Rules And Signals Mandatory Arbitration Clauses Are Next In Its Crosshairs

At its monthly Open Meeting on October 27, the Federal Communications Commission adopted, but has not yet released, new privacy rules requiring retail broadband providers to offer consumers more choice over how their personal information is used. Under the new rules, which were approved on a party-line 3-2 vote, the level of consent required from the consumer will be measured against the sensitivity of the data.
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Consumer Watchdogs Attack Cable Companies’ Privacy Practices, Bark at Privacy Cops

Consumer advocate groups--Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission against AT&T, Cablevision, and Comcast, citing privacy-related offenses.

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PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provisions

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages. The changes to PayPal’s terms as originally proposed drew the ire of government regulators, including the Federal Communications Commission and the New York Attorney General.

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AT&T Mobility to Pay $105 Million in Mobile Cramming Settlement

Yesterday, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, Federal Communications Commission (FCC) Chairman Tom Wheeler, and two state attorneys general representing all 50 states and the District of Columbia held a press conference to announce a significant enforcement action against AT&T Mobility for unlawfully billing customers for unauthorized third-party charges, also known as “cramming.”

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That Well-Timed Ad Wasn’t Coincidental, Grandma

Google Defeats Class Certification in Gmail Privacy Case Because Enough Users Understand How It Works

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Reminder: CPNI Certificates Due March 1, 2014

The Federal Communications Commission (FCC) issued a Public Notice on February 5, 2014 reminding filers that the deadline for filing annual certificates of compliance with the Customer Proprietary Network Information (CPNI) rules is due March 1, 2014. The FCC includes the following types of providers in its non-exhaustive list of filers: telecommunications carriers, interconnected Voice over Internet Protocol (VoIP) providers, commercial mobile radio providers (CMRS), interexchange carriers, prepaid calling card providers, resellers, and calling card providers.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.