Tag archives: FCC

FCC TCPA order partially upheld and partially set aside

By Susan Ross (US) on March 17, 2018 Posted in Dispute resolution and litigation

Data Protection Report - digital privacy, CCPA and cybersecurity

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to four of the FCC’s determinations relating to cell phones. The appellate court upheld the FCC’s determinations that consumers can revoke consent to receive … Continue reading

Blocking illegal or fraudulent ‘robocalls’: FCC rulemaking, with FTC comments

By Allison Lange Garrison (US) and Susan Ross (US) on February 13, 2018 Posted in Regulatory response

Norton Rose Fulbright - Data Protection Report blog

Illegal robocalls are a “scourge.” So says FCC Chairman Ajit Pai, and most consumers likely agree. Both the FCC and the FTC (each of which has jurisdiction over some aspects of telemarketing regulation) are actively pursuing ways to curb illegal and fraudulent robocalls. The FCC issued a report and order in November 2017 authorizing telecommunications … Continue reading

IP Addresses as Personal Information: the Canadian and EU Positions Contrasted

By Julie Himo (CA) on November 4, 2016 Posted in Compliance and risk management

Data Protection Report - Norton Rose Fulbright

The October 19, 2016 judgment of the European Court of Justice in the matter brought by Patrick Breyer against the Federal Republic of Germany (the “EU Decision”) raises the issue of whether an IP address is personal information under the EU Directive 95/46/EC and provides an interesting comparison with the Canadian perspective.… Continue reading

FCC Rules on TCPA Consent Requirements and Emergency Purpose Exception

By on August 9, 2016 Posted in Compliance and risk management, Regulatory response

On August 4, 2016, the Federal Communications Commission (FCC) released a declaratory ruling clarifying the scope of the Telephone Consumer Protection Act’s (TCPA) consent requirements to send robocalls and automated text messages to wireless phone numbers. The ruling was in response to Blackboard, Inc.’s request that the FCC declare “all automated informational messages sent by … Continue reading

Verizon Settles FCC Privacy Investigation Over Use of “Supercookies”

By on March 14, 2016 Posted in Compliance and risk management, Regulatory response

The FCC announced last week that it reached a settlement with Verizon Wireless (“Verizon”) over its use of “supercookies.” More specifically, the FCC alleged that Verizon inserted unique identifiers into the headers of its customers’ HTTP requests to support its targeted advertising programs, and that customers had not consented to this practice. In this post, we … Continue reading

FCC clarifies TCPA restrictions on robocalls and text messages

By on July 19, 2015 Posted in Regulatory response

On July 10, 2015, the Federal Communications Commission (FCC) released a 105 page omnibus declaratory ruling and order (“Order”) under the Telephone Consumer Protection Act (“TCPA”) that, among other things, permits banks and other financial institutions to call consumers on their wireless telephones using autodialer equipment and pre-recorded messages (“robocalls”) and also send texts without … Continue reading