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Tag Archives: TCPA

Posted in Data Protection & Privacy

Privacy and Cybersecurity March 2017 Events

Please join us for our March 2017 Privacy and Cybersecurity Events.

March 2
Privacy Women Showcase
Julie Brill will be speaking at a NY Bar Association event on “Careers in Privacy.”
Location: New York, New York

 

March 14
Connected Car Technologies and Trends
Tim Tobin will speak on “Protecting the Connected Car” at Automotive Megatrends’ Connected Car Detroit
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Posted in Data Protection & Privacy

Privacy and Cybersecurity December 2016 Events

December 5
TCPA and ESIGN
Mark Brennan will give a presentation on TCPA and ESIGN issues at EUCI’s Customer Communications Conference.
Location: New Orleans, Louisiana

 

December 6
Privacy Landscape in 2016
Eduardo Ustaran will be providing a privacy round-up of 2016 at the Data Protection Forum.
Location: London, England

 

December 7
Data: Friend or Foe?
Harriet
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Posted in Data Protection & Privacy

Privacy and Cybersecurity October 2016 Events

Please join us for our October 2016 Privacy and Cybersecurity Events.

October 5
Brexit Impacts on International Companies
Christian Tinnefeld will discuss Brexit issues, including international data transfers, Standard Contractual Clauses and Binding Corporate Rules, the GDPR, and Privacy Shield.
Location: Hogan Lovells’ office in Hamburg

 

October 6
Internet of Things
Julie Brill will participate in a Fireside
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Posted in Telecoms & Broadband Mark Brennan

FCC Considers TCPA Exemption for Calls Made by or on behalf of Federal, State, and Local Governments

On September 29, 2015, the Federal Communications Commission (FCC) released a Public Notice seeking comments on the Broadnet Teleservices, LLC (Broadnet) petition asking the FCC to declare that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of federal, state, and local governments, when such calls are made for official purposes.

Currently, the … Continue Reading

Posted in Internet, Telecoms & Broadband Mark Brennan

FTC Closes PayPal Investigation Over Telemarketing Rule and User Agreement

The Federal Trade Commission (FTC) has released a copy of a letter that it sent to PayPal stating that the agency was closing an investigation into potential Telemarketing Sales Rule (TSR) violations by the company.  This release provides important insights on how companies can design their user agreements to avoid TSR violations.

As background, PayPal had indicated that it planned … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark Brennan

The FCC Issues Citations Against Lyft and First National Bank for Failing to Obtain “Prior Express Written Consent” in Terms of Service Statements

On September 11, 2015, the Federal Communications Commission (FCC) Enforcement Bureau issued citations to F.N.B. Corporation (First National Bank or FNB) and Lyft, Inc. (Lyft), a ride-sharing service, for Telephone Consumer Protect Act (TCPA) violations pertaining to the marketing rules.

As background, the TCPA requires companies to obtain “prior express written consent” for all prerecorded or autodialed marketing calls or … Continue Reading

Posted in Policy & Regulation Mark Brennan

The FCC’s New TCPA Decision: Key Issues and What Companies Should Be Doing Now That It Has Been Appealed

As many of our readers know, on July 10, the Federal Communications Commission (FCC) released a highly anticipated decision regarding the Telephone Consumer Protection Act (TCPA) and related FCC rules involving autodialed and prerecorded telephone calls and text messages.  Although the order became effective upon release, in less than a week, three parties (ACA International, Professional Association for Customer Engagement, … Continue Reading

Posted in Data Protection & Privacy Katherine Gasztonyi

California District Court Dismisses TCPA Putative Class Action Against AOL

On Monday, June 1, a District Court in the Northern District of California granted AOL’s motion to dismiss plaintiff Nicholas Derby’s putative TCPA class action complaint on the grounds that the complaint failed to allege facts sufficient to establish that the AOL Instant Messenger (AIM) service was an automatic telephonic dialing system (ATDS) under the Act. Notably, the court did … Continue Reading

Posted in Telecoms & Broadband Mark Brennan

U.S. FCC Chairman Circulates Proposed TCPA Decision with Significant Impact Across Industry Sectors

Today, FCC Chairman Wheeler announced that he is circulating a proposal to address more than twenty pending petitions seeking clarity regarding the scope requirements under the U.S. Telephone Consumer Protection Act (TCPA). He authored a blog post on the proposal and also released a fact sheet.

As part of the Chairman’s proposal, the FCC would issue the following rulings:… Continue Reading

Posted in Data Protection & Privacy, Telecoms & Broadband Mark Brennan

US Adopts Tough New Rules for Telemarketing Calls

Businesses that use automated technologies to place telemarketing calls and messages have just over a month to assess and revise their current calling practices to avoid the risk of expensive, time-consuming lawsuits under new Telephone Consumer Protection Act (TCPA) rules enacted by the Federal Communications Commission (FCC).

The TCPA (47 U.S.C. § 227) and the FCC’s TCPA rules (47 C.F.R. … Continue Reading