Getting Granular: What Website Operators Need to Know About Privacy Notices and Session Replay Technology
Recent legal developments highlight the importance of clear and specific website privacy disclosures, especially for companies using session-replay technology to collect user data in real time. A recent federal court decision underscores how vague privacy notices can leave companies vulnerable to legal challenges under the California Invasion of Privacy Act (CIPA). Why This Matters to […]
Regulatory Crackdown on Sensitive Data Sharing: CFPB Proposes Rule to Regulate Data Brokers; FTC Sues Data Analytics Co’s for Allegedly Selling Location Data Tracking Consumers to Sensitive Sites
Yesterday, we saw two regulators take action to enhance consumer privacy, reflecting a growing government focus on protecting personal data and consumer rights. CFPB Proposes to Regulate Data Brokers The Consumer Financial Protection Bureau (CFPB) has proposed a new rule aimed at regulating data brokers who sell sensitive personal and financial information. By proposing this […]
Court Orders Permanent Injunction, Monetary Judgment, and Additional Relief Against GOAT for FTC Violations of the Mail Order Rule and Other Deceptive Practices
On December 2, 2024, a court ordered 1661, Inc., the Los Angeles-based online retailer operating as GOAT, to pay over $2 million for violations of Section 5(a) of the FTC Act and the FTC’s Mail Order Rule. This case serves as a critical reminder that the FTC’s Mail Order Rule extends far beyond traditional retailers of goods […]
New California Arbitration Law for Consumer Contracts (SB 940)
Effective January 1, 2025, California Senate Bill 940 (SB 940) imposes significant new limitations on arbitration clauses in consumer contracts. Businesses engaging with California residents or transacting in California should be aware of the law’s impact on contract enforceability and compliance. This advisory explains the key elements of SB 940 and its implications for companies. […]
Implications of the Supreme Court’s Grant of Certiorari in the Consumers Research v. FCC Case Challenging the Constitutionality of the USF and the “Mootness Doctrine” Issue
Late last week, the Supreme Court granted certiorari in a case that could have significant implications for the Universal Service Fund (USF) and the broader telecommunications industry. However, rather than diving directly into the constitutional challenges at the heart of the dispute, the Court has chosen to focus first on a preliminary procedural issue: whether the case […]
FCC Proposes $734,872 Fine Against RF Equipment Supplier for Violating Rule Requiring Companies to Designate an Agent for Service Located in the United States
The Federal Communications Commission (“FCC” or “Commission”) proposed a $734,872 forfeiture against Eken, a Hong Kong-based smart device manufacturer, for providing a false address for its U.S.-based agent on three of its radiofrequency (“RF”) equipment certification applications. The Commission sent a Letter of Inquiry (“LOI”) concerning an ongoing investigation to a P.O. Box in Colorado […]
Signals from U.S. Supreme Court in Wisconsin Bell v. Heath Suggest E-Rate Program Will Be Protected By False Claims Act Regardless of Structural Challenges to the USF
The U.S. Supreme Court is currently considering Wisconsin Bell v. U.S. ex rel Heath, a case with important ramifications for telecommunications providers participating in the E-rate program. Based on recently held oral arguments, it appears the Court is headed towards a decision holding that E-Rate subsidies are protected by the federal False Claims Act (“FCA”). […]
FTC’s “Click to Cancel” Rule Set to Go into Effect on January 14, 2025, With Compliance Required by May 14, 2025; Legal and Political Challenges Loom Over the Rule’s Future
Today, the Federal Trade Commission (FTC) announced the effective date for its “Click to Cancel” Final Rule (“Rule”). The Rule will become effective on January 14, 2025, and businesses will have until May 14, 2025, to comply with the following requirements of the new Rule to: clearly and conspicuously disclose material terms before obtaining a […]
Top 10 Potential Policy Shifts Under a Trump-Led FCC
As we look ahead to the possibility of a Republican-led FCC under a second Trump administration, industry stakeholders should prepare for sweeping changes across various regulatory areas. From Universal Service Fund (USF) reform to net neutrality, mergers and acquisitions, and the future of Section 230, the Trump-era FCC could steer policy in new directions, particularly […]
Over Strident Industry Opposition, California PUC Implements New Regulatory Framework for Interconnected VoIP Providers
Much to the chagrin of the industry, the California Public Utilities Commission (CPUC) has approved a comprehensive overhaul of the state’s regulatory framework that will reshape the requirements and compliance obligations applicable to interconnected Voice over Internet Protocol (VoIP) providers operating in the state. According to the CPUC, the new rules reflect the agency’s commitment […]
FCC to Consider Rules to Strengthen STIR/SHAKEN Framework at its November 21 Meeting
Yesterday, the Federal Communications Commission (FCC) circulated a public draft of the Eighth Report and Order (R&O) on enhancing caller ID authentication rules. It will consider them at its November 21 Open Meeting. The R&O follows the proposed rulemaking in the 2023 Sixth Further Notice of Proposed Rulemaking and 2022 Fifth Caller ID Authentication Further […]
FCC Settles with AT&T over Alleged Violations of Emergency Broadband Benefit and Affordable Connectivity Program Rules
On October 25, 2024, the Federal Communications Commission (FCC) Enforcement Bureau announced a settlement with AT&T, Inc. following an investigation into potential violations of the Emergency Broadband Benefit (EBB) Program and Affordable Connectivity Program (ACP) rules. AT&T has agreed to pay $2,299,990 in a combined civil penalty and reimbursement, while committing to a multi-faceted compliance […]
FCC Seeks Comment on Customer Service NOI and Disability
On October 23, 2024, the FCC released a Notice of Inquiry (NOI) seeking public input on potential updates to customer service standards for cable operators, and whether these standards should extend to voice and broadband service providers. The inquiry focuses on improving customer service experiences, including enhancing accessibility for consumers with disabilities. The Commission is […]
FTC’s Latest “Click to Cancel” Rule Challenged in Court
The Federal Trade Commission’s (FTC) is again experiencing significant pushback to its new “Click to Cancel” rule. As of today, three lawsuits have been filed across different U.S. Circuit Courts by various industry groups and associations. The FTC’s “Click to Cancel” rule has sparked controversy due to its sweeping application across all “negative option” subscription […]
FCC Expands Privacy and Cybersecurity Enforcement Partnership with Additional State Attorneys General
On October 21, 2024, the Federal Communications Commission (FCC) announced new partnerships with the Attorneys General of Massachusetts, Maine, Vermont, Delaware, and Indiana, joining a growing coalition of states working with the FCC to enhance privacy, data protection, and cybersecurity enforcement. This expansion builds on earlier collaborations with Connecticut, Illinois, New York, Pennsylvania, Oregon, and […]
FCC Notifies Downstream VSPs of Rules Permitting Blocking of Traffic from Gateway Provider that Apparently Enabled Illegal Robocalls
The Federal Communications Commission (“FCC” or “Commission”) Friday Notified U.S.-based voice service providers (“VSPs”) that they may block calls from Florida-based VSP, Identidad Advertising Development LLC (“Identidad”), if it does not take immediate measures to mitigate suspected illegal robocall traffic, some of which was identified in a Cease and Desist Letter (“CDL”) the Commission concurrently […]
