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 Permits Confirmatory Opt-Out Texts Under TCPA

Jameson Dempsey co-authored this post.In a ruling that FCC Commissioner Ajit Pai described as "a win for consumers and for innovative companies alike," the FCC granted a petition for declaratory ruling filed by…

FCC Asked (Again) to Classify Text Messaging

Once again, USAC and the federal Universal Service Fund are driving fundamental classification questions regarding telecom services. In the latest example, USAC has requested the FCC's guidance on how to treat text…

Text Messaging Provider Sues T-Mobile for Unlawful Call Blocking

As consumers increasingly rely on mobile phones, marketers naturally are following. Text messaging, in particular, has proven to be a popular marketing method. It is not surprising, therefore, that we are seeing in…

U.S. Court of Appeals Applies Telephone Solicitation Restrictions to Text Messaging

On Friday, June 19, 2009, the Ninth Circuit Court of Appeals reversed a district court decision involving a mobile marketing campaign. A key issue in the case is whether text messages are subject to the Telephone…