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Mark Brennan

Posts by Mark Brennan
Posted in Policy & Regulation, Telecoms & Broadband Mark Brennan

Bills Introduced to Amend the Telephone Consumer Protection Act

Both Chambers of Congress are considering legislation that would amend the Telephone Consumer Protection Act (“TCPA”).  Introduced in the House by Congressman Pallone (H.R. 6026) and in the Senate (S. 3078) by Senator Markey, the Stopping Bad Robocalls Act adds a new definition, “robocall,” in place of “automated telephone dialing system.”  The new term would include devices that make calls … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanHarriet PearsonBret CohenTimothy Tobin

Now Available: California Consumer Privacy Act: What you need to know now webinar recording and slides

Thank you to everyone who participated in last week’s webinar “California Consumer Privacy Act: What you need to know now.”

In this complimentary webinar, Hogan Lovells partners Mark Brennan, Bret Cohen, Harriet Pearson, and Tim Tobin, discussed:

• What triggered the new law?

• What data is covered?

• What does CCPA require, and how do you start operationalizing the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanBret CohenHarriet PearsonTimothy Tobin

Webinar Invitation – California Consumer Privacy Act: What you need to know now

On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation (GDPR).  Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act (CCPA) will affect them.

Please … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Mark BrennanMichele Farquhar

RICO Complaint Settlement Highlights TCPA Abuse by Plaintiffs’ Law Firms; Serial Plaintiffs and Cy Pres Awards Continue to Flourish

As the number of frivolous Telephone Consumer Protection Act (“TCPA”) class actions continues to grow unabated, the potential rewards have even led to alleged criminal activity by plaintiff firms seeking to game the system.  A recently settled Racketeer Influenced and Corrupt Organizations Act (“RICO”) complaint showcases a particularly egregious series of allegations that several plaintiffs’ law firms conspired with other … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanTimothy Tobin

California Enacts Sweeping New Comprehensive Privacy Legislation

California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that … Continue Reading

Posted in Drones Mark BrennanLisa EllmanTrey Hanbury

No Fly Zone: FCC Proposes $2.8 Million Penalty for Marketing Non-Compliant Drone AV Accessories

The Federal Communications Commission is proposing to bring a $2.8 million penalty against HobbyKing for marketing drone-attachable audio/video (AV) transmitters that operate on unauthorized frequencies.

For marketers and retailers of unmanned aircraft systems (“UAS”) and attachable devices, this penalty signals that the FCC is cracking down on the makers and marketers of noncompliant UAS and UAS-attachable devices. This penalty also … Continue Reading

Posted in Telecoms & Broadband Mark Brennan

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 … Continue Reading

Posted in Policy & Regulation Mark Brennan

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small businesses that have fewer resources and could face financial ruin if targeted by a class action lawsuit.  To help address this issue and support the U.S. economy, Congress and the Federal … Continue Reading

Posted in Telecoms & Broadband Mark BrennanWesley Platt

New Study Highlights Spike in TCPA Litigation Since 2015 FCC Decision

A new study has found that litigation involving the Telephone Consumer Protection Act (“TCPA”) has increased 50 percent since the Federal Communications Commission released its July 2015 “Omnibus” Declaratory Ruling and Order, which had purported to clarify several issues around the agency’s TCPA rules.  As explained below, this continuing trend is one of many reasons that Congress and the … Continue Reading

Posted in Telecoms & Broadband Mark Brennan

FCC Proposes $82 Million Fine for Illegally “Spoofed” Robocalls

The U.S. Federal Communications Commission has adopted a Notice of Apparent Liability (“NAL”) imposing a $82 million penalty against Best Insurance Contracts (d/b/a Wilmington Insurance Quotes) and its owner/operator Philip Roesel for allegedly making more than 21 million prerecorded robocalls with illegally “spoofed” caller ID information in an attempt to sell health insurance.… Continue Reading

Posted in Telecoms & Broadband Mark BrennanSarah K. Leggin

FCC Extends TCPA Liability to Technology Platform Provider

The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless phones without the “prior express consent” of the called parties.  This Order is notable because the FCC targeted the technology platform provider rather than the provider’s customer.… Continue Reading

Posted in Telecoms & Broadband Mark Brennan

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 … Continue Reading

Posted in Technology, Telecoms & Broadband Mark Brennan

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 … Continue Reading

Posted in Data Protection & Privacy Mark BrennanJared Bomberg

FCC Privacy Rules Break New Ground

On November 2, 2016 the Federal Communication Commission’s (FCC) released its long-awaited – and much debated – Report and Order adopting privacy rules for Internet Service Providers (ISPs).  In the Order, the FCC applied the Communications Act’s privacy requirements to broadband Internet access service (BIAS), which it called “the most significant communications technology of today.”

Several of the FCC requirements … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Alexander MaltasMark Brennan

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 … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Telecoms & Broadband Timothy TobinMark BrennanMichele FarquharJulie Brill

NTIA Commences Internet of Things Proceeding

On April 5, 2016, the National Telecommunications and Information Administration (NTIA) initiated an inquiry to review the potential benefits and challenges presented by the Internet of Things (IoT). In its Notice and request for public comment (RFC), NTIA is seeking input on the current IoT technological and policy landscape with a goal of developing recommendations—in the form of a Green … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark Brennan

FCC Circulates Privacy Rulemaking and Announces Commission Vote

On Thursday, Federal Communications Commission (“FCC”) Chairman Tom Wheeler circulated a highly anticipated broadband data privacy and security Notice of Proposed Rulemaking (“NPRM”) to the other Commissioners, slating the proposals for a full Commission vote at the agency’s March 31 Open Meeting.  The rules would apply to internet service providers (“ISPs”), but organizations throughout the online data ecosystem will want … Continue Reading

Posted in Internet Mark BrennanTom Peters

FCC Fines More Companies for Wi-Fi Blocking

On November 2, 2015, the U.S. Federal Communications Commission issued two proposed fines related to Wi-Fi hotspot blocking. In the first notice the FCC proposed a penalty of $718,000 against M.C. Dean, one of the largest U.S. electrical contracting companies, for allegedly interfering with and disabling the operation of consumers’ Wi-Fi devices at the Baltimore Convention Center.  In the second Continue Reading

Posted in Data Protection & Privacy Mark Brennan

FCC Continues String of Data Security Cases, Settling with Cox for $595,000

On November 5, 2015, the Federal Communications Commission Enforcement Bureau announced a $595,000 settlement agreement with Cox Communications, Inc. to resolve an investigation into whether the company failed to properly protect its customers’ personal information when electronic data systems were breached in August 2014.  According to the FCC, Cox exposed the personal information of numerous customers and failed to report … Continue Reading

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 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