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After SCOTUS punted on whether Chevron deference need be given to the FCC’s Fax Rule, so too did the 4th Cir. in Carlton & Harris Chiropractic v. Pdr Network, No. 16-2185, 2020 U.S. App. LEXIS 38073 (4th Cir. Dec. 7, 2020).  First, the Court of Appeals held that the Rule was interpretive and not legislative since the FCC had not… Read More

Today, the FCC issued its 2018 Privacy and Data Security Update, a compendium for attorneys, business executives, and others who are long on interest, but short on time. It summarizes the seven zones that were central to the FTC’s 360° approach in 2018.  The Report can be found in embedded links with the FCC’s press release today. https://www.ftc.gov/news-events/blogs/business-blog/2019/03/ftcs-2018-privacy-data-security-update-what-it-means-your?utm_source=govdelivery Read More

On October 3, the FCC issued a Request for Comment on the TCPA's definition of ATDS following the 9th Circuit's Marks decision.  A copy of the FCC's Request is here.  The deadline to file commentary is October 24, 2018.   The FCC seemed concerned by Marks' expansive interpretation of the TCPA's definition(s).  In other words, the [Marks] court interpreted the statutory language expansively so… Read More

As subscribers know, industry is challenging the FCC's Omnibus Ruling as exceeding its regulatory and rulemaking powers.  Severson is at the forefront of that litigation, having filed yesterday an amicus brief on behalf of industry in support of industry's petition.  A copy of the petition can be found here and copy of the petitioner's opening brief can be found here.  … Read More

ACA International, the national debt collectors' trade organization, sued the FCC to challenge the FCC's declaratory ruling on the TCPA.  A copy of the lawsuit can be found here:  ACA Petition for Review 7-13-15. The ACA's press-release described the substance and purpose of their action: ACA International has been at the forefront of a long-time effort to clarify application and… Read More

The FCC's Omnibus Ruling, along with the comments of Commissioners Wheeler, Clyburn, Rosenworcel, Pai, and O'Rielly can be found here. We will be evaluating the Ruling, and Commissioners' comments.   For questions regarding the Ruling and its impacts, please contact the group leaders of Severson & Werson's TCPA team, Eric Troutman (ejt@severson.com) or Scott Hyman (sjh@severson.com). Read More

On Thursday the FCC entered rulings  on the petitions filed by GroupMe, Inc.: http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0327/FCC-14-33A1.pdf and the Cargo Airline Association: http://transition.fcc.gov/Daily_Releases/Daily_Business/2014/db0327/FCC-14-32A1.pdf The FCC's ruling on the petition of Group Me, Inc. for an expedited declaratory ruling and clarification on the issue of whether it could rely on its members to provide consent for "called parties" that would receive text messages as… Read More

ACA’s petition was filed on January 31, but was accepted for filing by the FCC on February 11.  ACA’s petition is broad-based, asks the FCC to accomplish the following objectives: • Confirm that not all predictive dialers are categorically automatic telephone dialing systems. •Confirm that “capacity” under the TCPA means present ability. •Clarify that prior express consent attaches to the… Read More

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