The FTC and FCC have taken a number of actions to stem unlawful robocalls generally and, during the COVID-19 pandemic, to stem harmful and deceptive calls that seek to exploit the COVID-19 crisis. Even amid the backdrop of their long-standing commitment, the agencies’ most recent action stands out as an aggressive new approach to unlawful calls. On April 3, 2020, the enforcement arms of each agency jointly sent warning letters to three Voice over Internet Protocol (“VoIP”) service providers allegedly facilitating the transmission of international scam telemarketing calls originating overseas. The letters make an unprecedented demand:  block the traffic of specific allegedly unlawful actors or have all of your traffic blocked by other carriers. In this post, we’ll take a look at this new approach, and discuss its relationship to the broader provisions of the Telephone Robocall Abuse Criminal Enforcement Act (“TRACED Act”), which institutes a number of measures designed to combat illegal robocalls.

Continue Reading FCC/FTC Stake out Aggressive Robocall Position, Tell Gateway VoIP Providers to Block COVID-19 Robocalls – or Be Blocked Themselves

As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business and the communications industry. Click on the “COVID-19” blog category for previous updates.

If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on other aspects of the federal and state response to the COVID-19 pandemic, as well as labor and employment and other issues, please visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Communications Service Providers Need to Know – April 13, 2020

Join us on Wednesday, April 8th as we discuss the FCC’s response to the COVID crisis, the communications elements in the CARES Act, compliance with state stay-at-home orders, and pending proposals for more relief. We will provide you with a concise download on and quick analysis of these fast moving developments. Click here to register.

Continue Reading COVID-19: Live Update on Federal and State Actions Impacting Communications Service Providers

In response to the COVID-19 pandemic, the FCC has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and provides this overview of the key actions impacting enterprise and small business customers of communications services. For additional information on these and other FCC actions, follow Kelley Drye’s CommLaw Monitor, where we post regular updates of the latest regulatory and legislative actions impacting the communications industry.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Enterprise and Small Business Customers Need to Know

As COVID-19 has reached pandemic levels, the Federal Communications Commission (“FCC”) has been active to keep communications services available through various waivers and actions. Kelley Drye’s Communications practice group is tracking these actions and what they mean for communications service providers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business. Subscribe to receive these alerts.

If you have any questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group. For more information on labor, advertising, and other issues, visit Kelley Drye’s COVID-19 Response Resource Center.


Continue Reading COVID-19: What Communications Service Providers Need to Know

The FCC plans to mandate that voice service providers adopt caller ID authentication technology to combat illegal “spoofing” and deregulate longstanding end-user access charges at its next meeting scheduled for March 31, 2020. Under the FCC’s proposal, voice service providers that originate or terminate calls would be required to employ STIR/SHAKEN technology (a framework of interconnected standards to authenticate phone calls as they are passed from carrier to carrier) in their networks no later than June 30, 2021, allowing them and other providers in the call chain to verify that calls are coming from the displayed caller ID number. The proposal would implement provisions of the recently-passed TRACED Act, which requires the FCC to kick off a multitude of near-term rulemakings and other actions aimed at addressing unlawful spoofing and robocalling operations. FCC Chairman Pai previously urged major providers to adopt STIR/SHAKEN technology voluntarily, but his assessment is that the voluntary approach did not move fast enough. In addition, the FCC anticipates launching a rulemaking to deregulate a host of end-user charges related to interstate access service and prohibit carriers from invoicing such charges through separate line items to simplify customer bills.

Although the March agenda is relatively light, the STIR/SHAKEN and access charge items could significantly impact provider costs, tariffing practices, and billing procedures. As a result, providers should closely examine the FCC’s proposals and get their input in early in light of the agency’s recent decision to restrict in-person meetings and expand telework in response to the coronavirus pandemic. You will find more information on the key March meeting items after the break:


Continue Reading FCC Plans to Mandate STIR/SHAKEN Anti-Spoofing Framework, Deregulate End-User Access Charges at March Meeting

Last week, in a major enforcement action, the FCC proposed $208 million in fines against the nation’s four largest wireless carriers—AT&T, Verizon, T-Mobile, and Sprint—for allegedly selling access to their customers’ location information without taking “reasonable measures” to protect the information against unauthorized disclosure. The FCC argued that such actions violated its rules regarding the protection of customer data known as customer proprietary network information (CPNI).

This enforcement action marks a series of firsts. It is the first CPNI enforcement action since the pre-2016 CPNI regulations were reinstated following the repeal of the broadband privacy rules by Congress in 2017. This is also the first large consumer protection enforcement action under Chairman Pai’s leadership—up to now, Chairman Pai has eschewed the principle-based enforcement of his predecessor in favor of more clear-cut rules violations. The action also generated criticism both for being too soft (and too late) and for potentially being beyond the Commission’s jurisdiction.


Continue Reading FCC Proposes Over $200 Million in Fines to Big Four Wireless Carriers for Allegedly Selling Customer Data Without Safeguards

In the latest episode of Full Spectrum’s Inside the TCPA series, Partner Steve Augustino and Senior Associate Brad Currier take a closer look at shifting strategies to provide effective enforcement of TCPA violations. Unlike TCPA actions of the past, which focused primarily on the entity that is placing the call, these new TCPA actions

Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection Act (TCPA) and remanded that interpretation for further consideration.  Since that time, callers, call recipients, practitioners and litigants have all been awaiting the

From smart homes and self-driving vehicles to drones and healthcare monitoring, Internet of Things (IoT) capabilities are a hot topic for both manufacturers and consumers. The most recent episode of Kelley Drye’s Full Spectrum podcast spotlights one of the key areas for everyone involved – maintaining security of IoT devices. Partners John Heitmann and Steve