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|UK Telecoms Regulator Falls Short of Proposing BT Breakup, but Introduces New Regulatory Framework Promoting Network Competition|
Francesco Liberatore; Jones Day;
March 22, 2016, previously published on February 2016Ofcom, the UK's communications regulator, has published the initial conclusions of its Strategic Review of Digital Communications consultation (which we discussed in a prior alert on this consultation . The most contentious issue raised by this review is whether to separate Britain's incumbent...
|Verizon Settles Supercookie Probe with FCC|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
March 21, 2016, previously published on March 10, 2016Verizon 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....
|Customers of Wireless Communications Provider Telus to Receive Rebates as Part of Competition Bureau Agreement|
Andrea C. Kroetch; Smart & Biggar/Fetherstonhaugh;
March 21, 2016, previously published on March 21, 2016On December 30th, 2015, the Canadian Competition Bureau, which is responsible for administration and enforcement of the Competition Act, announced that Telus Communications Inc. (“Telus”), one of Canada’s “Big Three” wireless carriers, had entered into a consent...
|Dial “C” for Confusion: Courts Split on TCPA Definition of Autodialer|
Thomas M. Byrne, Juan C. Garcia, Phillip E. Stano, Rocco E. Testani, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
March 15, 2016, previously published on March 15, 2016Notwithstanding so-called “guidance” from the Federal Communications Commission (FCC) in its July 2015 Order, the definition of “automatic telephone dialing system” (ATDS or autodialer) continues to be a disputed issue. This issue perpetuates the uncertainty over the scope...
|The Legal Implications of Cell Phone Use While Driving|
Melissa Crowley; Cole, Scott & Kissane, P.A.;
February 17, 2016, previously published on February 11, 2016As the prevalence of sending emails, texting, posting on social networks, and making calls from smartphones while driving has increased, the legal implications for doing so has increased as well. One government study found that more than two-thirds of adult drivers in the United States reported...
|Warrant Issued for Malware under Canada's Anti-Spam Law|
Bradley J. Freedman; Borden Ladner Gervais LLP;
February 16, 2016, previously published on January 29, 2016The Canadian Radio-television and Telecommunications Commission ("CRTC") has executed a warrant under Canada's anti-spam law (commonly known as "CASL") to investigate the installation of malware and the alteration of transmission data.
|OLG Hamburg: Advertising with Lowest Price Guarantee Potentially Anti-Competitive|
Michael Rainer; GRP Rainer LLP;
February 11, 2016, previously published on February 10, 2016According to a ruling of the Oberlandesgericht Hamburg (Higher Regional Court of Hamburg), advertising with a lowest price guarantee is potentially misleading and thus anti-competitive (Az.: 5 U 160/11).
|SCOTUS to TCPA Defendants: Offer of Complete Relief to Lead Plaintiff is No Easy Out from Class Actions|
Christopher A. Roach; Adams and Reese LLP;
February 9, 2016, previously published on January 22, 2016What happens when you make an offer they can't refuse . . . and they refuse? The Supreme Court addressed this question in the context of complete relief offers to lead plaintiffs in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action.
|FCC Fines Private Land Mobile Licensee $135,000|
Georgina Lopez-Ona Feigen, Jeffrey W. Rubin, Alan S. Tilles; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
February 8, 2016, previously published on January 19, 2016On December 30, 2015, the FCC’s Enforcement Bureau released an Order adopting a Consent Decree entered into by the Bureau with private land mobile radio licensee Constellium Rolled Products Ravenswood, LLC (“Constellium”).1 The Consent Decree provides that Constellium admits that...
|Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 4, 2016, previously published on January 21, 2016We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year.