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Adobe PDFCommunication Within Your Association
Ursula Koenig Burgess; Rees Broome, PC;
Legal Alert/Article
March 30, 2016, previously published on February 2016
One of the biggest complaints that we hear from unhappy residents is a lack of communication. While the complaint is most often aimed at the board and a belief that the board is not providing information, we also hear complaints that there is no appropriate method of communication established for...

 

HTMLUK Telecoms Regulator Falls Short of Proposing BT Breakup, but Introduces New Regulatory Framework Promoting Network Competition
Francesco Liberatore; Jones Day;
Legal Alert/Article
March 22, 2016, previously published on February 2016
Ofcom, 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...

 

HTMLVerizon Settles Supercookie Probe with FCC
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
March 21, 2016, previously published on March 10, 2016
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....

 

HTMLCustomers of Wireless Communications Provider Telus to Receive Rebates as Part of Competition Bureau Agreement
Andrea C. Kroetch; Smart & Biggar/Fetherstonhaugh;
Legal Alert/Article
March 21, 2016, previously published on March 21, 2016
On 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...

 

HTMLDial “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;
Legal Alert/Article
March 15, 2016, previously published on March 15, 2016
Notwithstanding 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...

 

HTMLThe Legal Implications of Cell Phone Use While Driving
Melissa Crowley; Cole, Scott & Kissane, P.A.;
Legal Alert/Article
February 17, 2016, previously published on February 11, 2016
As 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...

 

HTMLWarrant Issued for Malware under Canada's Anti-Spam Law
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
February 16, 2016, previously published on January 29, 2016
The 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.

 

HTMLOLG Hamburg: Advertising with Lowest Price Guarantee Potentially Anti-Competitive
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
February 11, 2016, previously published on February 10, 2016
According 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).

 

HTMLSCOTUS to TCPA Defendants: Offer of Complete Relief to Lead Plaintiff is No Easy Out from Class Actions
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
February 9, 2016, previously published on January 22, 2016
What 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.

 

HTMLFCC Fines Private Land Mobile Licensee $135,000
Georgina Lopez-Ona Feigen, Jeffrey W. Rubin, Alan S. Tilles; Shulman, Rogers, Gandal, Pordy & Ecker, P.A.;
Legal Alert/Article
February 8, 2016, previously published on January 19, 2016
On 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...

 


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