Deadlines & Headlines

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

Deadlines & Headlines

Deadlines and Headlines

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FCC Paving the Way for Advancement of Telehealth

What’s New?

The Federal Communications Commission recently solicited public comment on how it can better facilitate broadband-enabled health care solutions by adopting new policies or removing existing regulatory barriers. Initial comments are due on May 24, while reply comments are due June 8 of this year. 
 

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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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Another Court Finds Group Messaging Platforms Fall Outside the TCPA

Recently another federal district court ruled that text messages sent from a group messaging platform were not autodialed, even when transmitted in bulk, because of the significant human intervention required to initiate a text message campaign through the platform. Since the text messages were not autodialed, the messages were not subject to the Telephone Consumer Protection Act (TCPA) and the case was dismissed. Jenkins v.

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Dick’s Cannot Scuttle TCPA Suit After Court Finds Its Terms of Use Unenforceable

On July 5, the U.S. District Court for the Central District of California refused to compel a TCPA plaintiff to arbitrate his dispute against Dick’s Sporting Goods, Inc., thus allowing the case to proceed in federal court.  This decision potentially paves the way for class certification despite the class waiver provision contained in Dick’s Terms of Use.

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Reminder: April 1st Filing Deadlines for FCC Form 499-A and Accessibility Recordkeeping Certificates

Companies that provide telecommunications and Voice over Internet Protocol (VoIP) service are reminded that FCC Form 499-A is due Friday, April 1, 2016. FCC Form 499-A reports annual revenue to the Universal Service Administrative Company (USAC) and the Federal Communications Commission (FCC), as well as other fund administrators.

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Annual CPNI Certificates Due March 1, 2016

The Federal Communications Commission (FCC) issued a Public Notice on February 5, 2016, reminding telecommunications companies that the deadline for filing annual certificates of compliance with the Customer Proprietary Network Information (CPNI) rules is Tuesday, March 1, 2016.

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FCC Announces Certain Online Systems Unavailable September 2-8, 2015, and Issues Associated Deadline Extensions

The Federal Communications Commission (FCC) has announced that it will be performing Information Technology upgrades to its systems starting at 6:00 pm Eastern on Wednesday, September 2, through 8:00 am Tuesday, September 8, 2015. A majority of the Commission’s online content and filing systems will be unavailable during this period. Accordingly, the FCC is extending the filing deadlines for all regulatory and enforcement filings that fall between September 2-8, 2015 to Wednesday, September 9, 2015.

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FCC Announces Deadline to File Annual International Traffic and Revenue Data for 2014 is September 30, 2015

The International Bureau of the Federal Communications Commission (FCC) has set Wednesday, September 30, 2015 as the deadline for common carriers and interconnected Voice over Internet Protocol (VoIP) providers that offer international telecommunications services to file their annual International Traffic and Revenue Data for the 2014 calendar year, pursuant to §43.62 of the FCC’s rules. 47 C.F.R. §43.62. Any revisions to the data must be filed by November 30, 2015.
 

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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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