Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

FCC Proposes Sweeping Broadband Privacy and Data Security Rules

On March 31, 2016, the FCC voted along party lines (3-2) to issue a notice of proposed rulemaking (NPRM) to establish privacy rules for Broadband Internet Access Service (BIAS) providers. These proposals, if adopted,…

FCC Reaffirms Potential TCPA Liability for Text Message Platforms

On January 11, 2016, the FCC’s Consumer and Governmental Affairs Bureau released an order denying a petition by a text message platform provider for a declaratory ruling that the Commission should evaluate TCPA…

Express Written Consent Requirement for Telemarketing Calls and Texts to Take Effect October 16, 2013

New rules issued by the Federal Communications Commission ("FCC") last year are about to take effect. These rules will make it more difficult for businesses to make telemarketing calls and texts to wireless customers…

FCC Opens the Door to Vicarious Liability for Third-Party Telemarketing Under Certain Conditions

On May 9, 2013, the Federal Communications Commission ruled that sellers may be held vicariously liable under the Telephone Consumer Protection Act (“TCPA”) for unlawful telemarketing by third parties under certain…

Watch Kelley Drye's "Smartphone Revolution" Webinar On Demand

Mobile marketing, sweepstakes and services, including location-based services, are governed by an alphabet soup of statutes and regulations: TCPA, COPPA, CAN-SPAM, CPNI, etc. To complicate compliance even further,…