CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

FCC Holds "Robocall Broadcaster" Liable for Its Clients' Prerecorded Messages

Already in May, the FCC Enforcement Bureau had proposed multi-million dollar NALs for cramming and TRS violations . On May 8th, the FCC proposed a forfeiture for unlawful prerecorded messages ("robocalls") sent to…

Mobile App Provider Seeks Clarification on Applicability of the TCPA to OTT Texting Services

With class action cases proliferating, the Federal Communications Commission ("FCC") continues to receive petitions seeking guidance on the applicability of its rules to various calling or texting scenarios. In the…

FCC Grants, with Conditions, TCPA Waiver for Package Delivery Notifications; Allows Intermediary Consent for Text-Based Social Networking

The Federal Communications Commission (the “Commission” or “FCC”) seems to be opening the spigot a bit on its extensive backlog of Telephone Consumer Protect Act (“TCPA”) petitions. On March 27, 2014, the Commission…

Another TCPA Petition Reaches the FCC

Litigation under the Telephone Consumer Protection Act (TCPA) has exploded over the last few years. During the course of such litigation, parties typically will seek the input of the Federal Communications Commission…

DC Circuit Court holds that FCC Guidance on Agency Law in TCPA Cases is Not Binding on Courts

On January 22, 2014 the D.C. Circuit Court of Appeals issued a two-page per curiam decision dismissing a petition by DISH Network, LLC that challenged the FCC’s “guidance” on the interpretation of agency law in the…