FCC Launches Inquiry into Adopting Rules to Constrain ISP Industry Use of Broadband Data Caps

Earlier this week, the Federal Communications Commission (FCC) published a Notice of Inquiry (NOI) launching an initiative which may result in regulations that impose limits and otherwise invites scrutiny into the ISP industry’s widespread business practice of imposing broadband data caps. The FCC argues data caps may limit consumer choice, restrict access to essential services, and raise […]

Federal Court Dismisses Lawsuit Alleging Third-Party Email Marketing Services Violated California’s Anti-Wiretapping Law

On September 30, 2024, the U.S. District Court for the Northern District of California granted defendant’s Motion to Dismiss in the case of Ramos v. GAP, Case 4:23-cv-04715-HSG. This ruling has significant implications for both privacy law compliance and litigation strategy in California. It sheds light on the potential applicability of California’s anti-wiretapping law — […]

FTC Announces New “Click to Cancel” Rule Amending its Negative Option Program Rule Applicable to Recurring Subscriptions and Memberships

The Federal Trade Commission (FTC) announced today that it has completed its ongoing review of the 1973 Negative Option Rule as part of its efforts to modernize unfair or deceptive practices related to subscriptions, memberships, and other recurring-payment programs. In response to the growth of the digital economy, the new “click-to-cancel” rule is designed to […]

FCC’s New Robocall/Robotext Consumer Consent Revocation Rules Will Go into Force on April 11, 2025; A Note on Consent to Political Robocalls and Robotexts

New Revocation of Consent Rules Go Into Force on April 11, 2025 The Federal Communications Commission (FCC) has announced the effective date of its new rules simplifying the process for consumers to revoke consent set forth in its Report and Order And Further Notice of Proposed Rulemaking titled “Strengthening the Ability of Consumers To Stop […]

Cloud Communications Alliance Files Comments Opposing the California PUC ALJ’s Proposed Decision in VoIP Licensing and Regulation Rulemaking Proceeding

Over two years ago, on August 25, 2022, the California Public Utilities Commission (CPUC) initiated Rulemaking 22-08-008 to consider major changes to the licensing status and regulatory obligations of interconnected Voice over Internet Protocol (VoIP) providers operating in the state. On September 13, 2024, Commissioner John Reynolds, the Administrative Law Judge (ALJ) overseeing the rulemaking proceeding, issued […]

Supreme Court to Review Applicability of FCC TCPA Interpretation to “Junk Faxes” Received Via Electronic Inboxes

On Friday, the U.S. Supreme Court agreed to hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which addresses whether federal courts must follow the Federal Communications Commission’s (FCC) ruling that the Telephone Consumer Protection Act (TCPA) does not cover unsolicited advertisements received via online fax services. This decision could have significant implications for businesses […]

FCC Petitions Supreme Court to Review 5th Circuit Decision Declaring Universal Service Fund Contribution System Unconstitutional

The Federal Communications Commission (FCC) has filed a petition with the U.S. Supreme Court seeking review of a recent decision by the Fifth Circuit Court of Appeals that invalidated the current funding mechanism for the Universal Service Fund (USF). This action satisfies the condition of the Fifth Circuit’s stay order, which allows the FCC to […]

Montana Consumer Data Privacy Act Goes Into Effect Today

Montana Consumer Data Privacy Act (MTCDPA) went into force today, on October 1, 2024. This law has significant implications for companies operating in Montana, as it introduces new compliance requirements with a comparatively low threshold for applicability. Businesses should carefully assess their data handling practices to ensure adherence to the MTCDPA’s provisions, given its broad […]

T-Mobile Settles with FCC for $15,750,000 Over CPNI Breaches and Commits to Spending Another $15,750,000 on Cybersecurity

T-Mobile US, Inc. has entered into a Consent Decree with the Federal Communications Commission’s (FCC) Enforcement Bureau to resolve investigations into multiple data breaches and privacy violations that occurred between 2021 and 2023. These incidents affected millions of current, former, and prospective T-Mobile customers, as well as customers of mobile virtual network operators (MVNOs) using […]

FCC Adopts New Proposed Rules on Video Conferencing Accessibility – Compliance Required by 2026; Seeks Comment on Further Proposed Accessibility Rules

At its Open Meeting on September 26, 2024, the Federal Communications Commission (FCC) adopted the Second Report and Order (2nd R&O) and Further Notice of Proposed Rulemaking (FNPRM) introducing significant new obligations for video conferencing platforms to improve accessibility in video conferencing services for individuals with disabilities and seeking further comments on the proposed rules. […]

Increased Risks for VoIP Providers – Smartbiz Telecom Decision and Its Implications

In a recent decision by a federal district court in Florida, Smartbiz Telecom, an intermediate voice service provider, was found liable on multiple counts in a lawsuit brought by the Florida Attorney General. The case alleged violations of several federal and state laws, including the Telephone Consumer Protection Act (TCPA), the Truth in Caller ID […]

AT&T Agrees to $13M Settlement Following Vendor’s Data Breach; FCC Emphasizes Data Security and Vendor Management Obligations for All Voice Providers

The Federal Communications Commission (FCC, Commission) today announced a $13 million settlement with AT&T (Company) to resolve an investigation into the company’s supply chain integrity and data protection practices. This settlement serves as a crucial reminder that all telecommunications providers, regardless of size, are responsible for safeguarding customer data shared with vendors. The Consent Decree is […]

CPUC Proposed Decision on Regulation of VoIP Services and Implications for Providers of Nomadic, Fixed and Limited Facilities-Based VoIP Services

The California Public Utilities Commission (CPUC) has issued a proposed decision that could significantly reshape the regulatory landscape for Voice over Internet Protocol (VoIP) providers operating in California. This decision would impose new regulatory obligations on providers of fixed and limited facilities-based VoIP services, requiring compliance with stringent rules typically applied to traditional telephone corporations (such as […]

FCC Proposes New Robocall Mitigation Rules: Critical Deadlines and Potential Impacts on Voice Service Providers; Call to Action for Companies Seeking Balanced Regulations that Avoid Excessive Hardships, Costs, and Risks!

Yesterday, the Federal Communications Commission’s (“FCC”) Notice of Proposed Rulemaking (“NPRM”) regarding new stringent rules for Voice Service Providers (“VSPs”) and their filings in the Robocall Mitigation Database (“RMD”) was published in the Federal Register. Comments are due by October 15, 2024, and reply comments must be submitted on or before November 12, 2024. As […]

FCC’s Notice of Proposed Rulemaking on Burdensome New Robocall Requirements for Voice Service Providers is Published; Comment and Reply Comment Dates Established

Today the Federal Communications Commission’s (“FCC”) Notice of Proposed Rulemaking, (“NPRM”) soliciting comments on proposed new stringent rules for Voice Service Providers (“VSPs”) regarding their filings in the Robocall Mitigation Database (“RMD”) was published in the Federal Register. Comments are due by October 15, 2024; and reply comments must be submitted on or before November […]

FCC Sets New Record with USF Contribution Factor Soaring to 35.8% for Q4 2024

The FCC Managing Director issued a Public Notice on September 11, 2024, announcing the proposed Universal Service Fund (“USF”) contribution factor for the fourth quarter of 2024 will be 35.8%, a 1.4% increase from last quarter’s 34.4%. This announcement signifies a noteworthy escalation, setting a new record high at 35.8%, surpassing the previous peak of 34.5% recorded […]