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Arpan Sura

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Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Second Circuit Panel Sides with Ninth Circuit on What Qualifies as an Autodialer

A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act (TCPA). On April 7, 2020, a Second Circuit panel joined a Ninth Circuit panel in adopting a broad reading of the statutory definition of “automatic telephone dialing system” (ATDS), commonly referred to as an autodialer.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Michele FarquharPhoto of Ari FitzgeraldPhoto of Trey HanburyPhoto of Arpan Sura

Executive Order Creates Committee to Replace “Team Telecom” Review of Foreign Telecom Investments

President Donald Trump issued an Executive Order creating a new multiagency process for Executive Branch review of telecommunications-related applications and licenses involving foreign participation in the telecommunications sector. The newly established Executive Branch committee ostensibly replaces the review currently conducted by an informal, multiagency group known as “Team Telecom.” But the Committee’s mandate includes several novel features that expand the reach and scope of national security review beyond what Team Telecom could accomplish.

Posted in Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

FCC Confirms that Certain COVID-19 Communications Fall Within the TCPA’s “Emergency Purposes” Exception

Hospitals, health care providers, health officials, and other government officials may use automated calls and text messages to communicate information about COVID-19 when “necessary to protect the health and safety of citizens,” without violating the TCPA.  The FCC released the Declaratory Ruling on its own motion, without being prompted to do so by a regulated party.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of John Castle

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

The U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). The Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers.

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Eleventh Cir. Rejects Broad Reading of “Autodialer”

The key issue is how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system.” The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit.

Posted in Data Protection & Privacy, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of Kathryn Marshall Ali

Webinar | New TRACED Act and Robocall Year in Review: What you need to know

It was a very busy year on the robocall front, and on 30 December 2019, President Trump signed into law the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House and Senate passed by wide, bipartisan margins earlier this year. The TRACED Act is the most significant robocall legislation in years. It requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. Among

Posted in Policy & Regulation, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan SuraPhoto of John Castle

Congress Passes Bipartisan Robocall Legislation

On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier this month.  With the Senate’s passage of the reconciled bill, the bipartisan legislation now heads to President Trump’s desk for his review. The Pallone-Thune TRACED Act requires the Federal Communications Commission (FCC) to take steps to improve call verification, reduce the number of illegal robocalls, and enhance the federal government’s Telephone Consumer Protection Act (TCPA) enforcement efforts. 

Posted in Policy & Regulation, Telecoms & Broadband Photo of Arpan Sura

Defense Department and FCC to Collaborate on 5G Testbeds

On October 23, 2019, the U.S. Department of Defense announced a plan to pilot 5G technologies on four military installations in partnership with private industry and the U.S. Federal Communications Commission.  Lisa Porter, Deputy Undersecretary of Defense for Research and Engineering, revealed the Defense Department’s plans during an appearance at Mobile World Congress (MWC) in Los Angeles with FCC Chairman Ajit Pai and Diane Rinaldo, Assistant Secretary of the National Telecommunications and Information Administration (NTIA).  Both Porter and Pai heralded the project, known as Defense Next Generation Information Communications Technology,

Posted in Policy & Regulation Photo of Mark BrennanPhoto of Arpan SuraPhoto of John Castle

California Enacts Another CCPA – Robocall Legislation

On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls. The law requires telecommunications service providers to implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols by January 1, 2021.  These protocols are designed to attest to the authenticity of caller identification data and provide service providers with information to help ensure that calls are not spoofed.  

Posted in Policy & Regulation Photo of Mark BrennanPhoto of Arpan Sura

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) interpretations in private litigation. Instead of deciding that issue, however, the Court vacated the Fourth Circuit’s ruling and remanded the case for further development.

Posted in Internet, Policy & Regulation, Telecoms & Broadband Photo of Winston MaxwellPhoto of Mark BrennanPhoto of Arpan Sura

Study shows complexity and uncertainty of IoT regulation in Europe

A Hogan Lovells study comparing of regulatory requirements in the European Union, United States, and China shows the complexity and uncertainty of the regulatory framework relevant to Internet of Things (IoT) in Europe. The number of telecoms regulatory constraints affecting IoT in the EU is almost twice as high as in the United States and China. Federal Communications Commission (FCC) Chairman Ajit Pai compares the global race to 5G with World Cup football: “When it comes to 5G, we need to keep the playbook fresh and forward leaning.”[1] Outdated regulations

Posted in Cybersecurity, Data Protection & Privacy, Licensing, Policy & Regulation, Technology Photo of Winston MaxwellPhoto of Mark BrennanPhoto of Arpan Sura

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions. Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura. The report specifically focuses on language in the CLOUD Act that allows U.S. law enforcement agencies, under certain circumstances, to lawfully demand data stored in foreign countries from entities subject to U.S. jurisdiction.

Posted in Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing

In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does not give a plaintiff Article III standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The Eighth Circuit’s decision requires that the alleged injury be “traceable” to statutory non-compliance.  In other words, the plaintiff must show a causal connection between the harm she suffered and the defendant’s TCPA violation. By way of background, the TCPA and FCC’s TCPA regulations

Posted in Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

FCC Seeks to Refresh the TCPA Record

Now that the dust has settled from the D.C. Circuit’s highly anticipated Telephone Consumer Protection Act decision in ACA International, et al, v. FCC, the Federal Communications Commission is going back to the drawing board in a new Public Notice that seeks comment on foundational TCPA issues. In March, the D.C. Circuit struck down the FCC’s 2015 interpretation of the definition of “automatic telephone dialing system” (autodialer) as overly broad, arbitrarily vague, and “utterly unreasonable.”  The court also threw out the FCC’s rules regarding calls to reassigned wireless numbers, finding

Posted in Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

Hogan Lovells Obtains Major TCPA Consent Revocation Victory

On June 22, 2017, in Reyes v. Lincoln Automotive Financial Services, the U.S. Court of Appeals for the Second Circuit agreed with Hogan Lovells attorneys representing the defendant and held that the Telephone Consumer Protection Act (“TCPA”) does not permit a consumer to revoke her consent to be called when that consent forms part of a bilateral contract.  The Second Circuit’s precedent-setting decision, if adopted by other courts, may have far-reaching implications for how companies draft their contracts and service agreements and structure their TCPA compliance approaches. The plaintiff in

Posted in Technology, Telecoms & Broadband Photo of Mark BrennanPhoto of Arpan Sura

New U.S. Federal Law Prohibits Contracts With “Anti-Yelping” Provisions

Late last year, President Obama signed into law the Consumer Review Fairness Act (“CRFA”).   Intended to protect individuals who write unflattering online reviews of businesses, the CRFA voids contractual provisions in form contracts that: (1) prohibit non-disparagement; (2) impose liquidated damages or fines for posting disparaging reviews; or (3) exert control over the review through an assignment of intellectual property rights.  Importantly, it also prohibits companies from offering form contracts with these provisions. The CRFA empowers the Federal Trade Commission (“FTC”) and the states to enforce the law, and the

Posted in Policy & Regulation, Telecoms & Broadband Photo of Alexander MaltasPhoto of Mark BrennanPhoto of Arpan Sura

Common Carriers Exempt from FTC Regulation, Ninth Circuit Holds

Last week, a unanimous Ninth Circuit panel issued a significant decision that holds that common carriers are categorically exempt from Section 5 of the FTC Act—even for activities unrelated to common carriage.  See AT&T Mobility LLC. v. Fed. Trade Comm’n, No. 15-16585, 2016 WL 4501685 (9th Cir. Aug. 29, 2016).  This opinion has potentially far-reaching implications for the telecommunications industry and the appropriate oversight roles of the FCC and FTC—including on data privacy and security issues.