CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

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 Wades Back Into Cramming Issue

In a move that appears aimed to maximize options for new Chairman Tom Wheeler when he assumes office, the FCC turned its attention again to its rules to address unauthorized charges on telephone bills, known…

Delta Cleared for Takeoff: Wins Dismissal of California AG Mobile App Privacy Action

In December 2012, the California Attorney General filed a lawsuit against Delta Airlines, Inc. (“Delta”) alleging that Delta violated California’s Online Privacy Protection Act by failing to post a privacy policy…

Common Sense Rules in LA Lakers Text Message Suit

Most marketers know they are legally required to get permission before sending text messages to consumers. Despite this, the number of lawsuits involving (allegedly) unsolicited text messages keeps growing, as does the…

Handy Health Tracking Mobile App...Or Regulated Medical Device?

The use of mobile apps for health purposes has created new questions for users, developers, and regulators regarding the balance between convenience, expanded health care, and public safety. The line between apps that…