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FCC Broadband Privacy and Security Proposed Rulemaking Underway

Posted in Data Breach Notification, Data Compliance & Security, Federal Communications Commission, Privacy Regulation, Security

As we reported last month, the FCC was preparing a proposed rulemaking (NPRM) to establish privacy and data security requirements for broadband internet access service (BIAS) providers.  The FCC has now released that proposal with comments and reply comments due May 27th and June 27th respectively. The brief background to this proposal is that in… Continue Reading

FCC Announces Broadband Privacy Proposal

Posted in Federal Communications Commission, Federal Trade Commission, Privacy Regulation

  FCC Chairman Tom Wheeler has announced that a proposed rulemaking is being circulated among the Commissioners that would establish privacy and data security requirements applicable to providers of broadband Internet access service (BIAS).  The Notice of Proposed Rulemaking (NPRM) itself will not be released to the public until the end of March when it… Continue Reading

Verizon Settles Supercookie Probe with FCC

Posted in Federal Communications Commission, Mobile Privacy, Privacy Regulation, Uncategorized

Verizon Wireless has reached a settlement with the Federal Communications Commission over Verizon’s insertion of unique identifier headers (“UIDH”), also known as “supercookies,” to track customers’ mobile Internet traffic without their knowledge or consent.  Verizon inserted UIDH into customers’ web traffic and associated the UIDH with customer proprietary information to create profiles and deliver targeted… Continue Reading

Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016

Posted in Class Action Litigation, Federal Communications Commission, Privacy Regulation, US Supreme Court

We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year. Yesterday, the U.S. Supreme Court determined in Campbell-Ewald Co. v. Gomez, that a defendant could not cut off a TCPA class action lawsuit by making an offer of settlement to the… Continue Reading

Industry Groups to DC Court: Hang Up on FCC Expanded TCPA Rules

Posted in Federal Communications Commission, Privacy Regulation

Written by Paul Abbott Industry groups representing a diverse range of companies in the retail, technology, financial, and utility industries filed eight amicus briefs last week in the D.C. Circuit supporting challenges to the Federal Communications Commission’s (“FCC”) recently adopted order that expanded the agency’s rules under the Telephone Consumer Protection Act (“TCPA”). The amicus… Continue Reading

Lyft Gets Cited by FCC for Robo-Texting

Posted in Federal Communications Commission

Written by Paul Abbott Companies that require customers to agree to receive autodialed marketing calls and text messages as a condition for using the companies’ services have been put on notice that they may be in violation of the Telephone Consumer Protection Act (“TCPA”).   Last week, the Federal Communications Commission issued a Citation and Order… Continue Reading