Tag Archives: Mobile Marketing

3GPP Releases Guidance on 5G Labeling

On February 7, 2017, the Organizational Partners of the 3rd Generation Partnership (3GPP), a leading mobile standards body, released a new logo for use with products based on 5G specifications.  According to 3GPP, the logo will be available throughout various phases of development of 5G up through 2020, when the standard is scheduled for completion. … Continue Reading

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 latest example, the FCC issued a Public Notice seeking comment on a Petition for Declaratory Ruling filed by TextMe, Inc. (“TextMe”). TextMe provides a free mobile telephone app … Continue Reading

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 colloquially as "cramming."  The FCC is asking parties to refresh the record in its docket considering rules for landline and … Continue Reading

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 SoundBite Communications, Inc., finding that one-time text messages confirming a consumer’s request not to receive any future text messages do not … Continue Reading

What FCC v. Fox Television Means for Non-Broadcasters

In FCC v. Fox Television Stations, Inc., the US Supreme Court reversed FCC indecency fines against two TV broadcast networks.   The decision has garnered a lot of attention in the broadcast industry and conventional media (and rightly so).   News stories describe the decision as a clear victory for broadcasters.  Many commentators also noted … Continue Reading

FCC Seeks Comment on Privacy and Security of Information Stored on Mobile Phones and Other Devices

Days before tomorrow’s Federal Trade Commission (FTC) Workshop on Mobile Disclosures, the FCC weighed in with a pair of releases on privacy and security issues raised by mobile devices.  In the first item released on Friday, the FCC is seeking to refresh its record regarding the privacy and data security practices of mobile wireless service … Continue Reading

Insights from Kelley Drye’s 4th Annual Privacy Seminar

On February 16, 2012, Kelley Drye & Warren LLP hosted the seminar and audiocast, “Privacy in 2012: What to Watch Regarding COPPA, Mobile Apps, and Evolving Law Enforcement and Public Policy Trends.” The seminar highlighted regulatory and legislative developments in privacy and information security during the past year, with an emphasis on children’s online privacy … Continue Reading

Does Enforcement Lurk Behind the New Wireless Industry Customer Billing Alerts?

According to FierceWireless and other news sources, the wireless industry announced this morning an agreement with the FCC and consumer groups to provide free text alerts to consumers before they exceed their plan limits on voice minutes, text messages, data usage or international roaming.  The press release is available on the CTIA website here.  A good … Continue Reading

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 messaging services for universal service purposes.  Several parties have tried before to have the FCC opine on the classification of text messaging services, with no luck … Continue Reading

FCC Completes “Mystery Fees” Investigation of Verizon Wireless Data Charges

This order stands in stark contrast to the nominal CPNI settlements, odd refund provisions and low-ball forfeiture penalties we’ve discussed in this blog.  Today, the FCC announced an eye-popping $25 million settlement with Verizon Wireless in its investigation of Verizon’s unauthorized billing of wireless data charges.  The so-called "mystery fees" investigation stemmed from allegations that Verizon Wireless was … Continue Reading

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 increase in litigation over the obligations of senders and mobile carriers with respect to text messaging campaigns.  The latest example of this trend … Continue Reading

Mobile Content Providers Settle Unauthorized Billing Class Action

While the FCC has taken an interest in mobile marketing by carriers — most notably with investigations of carrier early termination fees and proceedings examining wireless consumer "bill shock" — it also is helpful to remember that the mobile content providers are subject to enforcement for deceptive marketing practices.  Our colleagues at the Ad Law Access … Continue Reading

New FTC Commissioners Confirmed

It has been quiet on the FCC front as all hands seem to be focused on the upcoming National Broadband Plan.  In the meantime, I didn’t want this development at the FTC to go unnoticed.  Our firm’s sister blog, Adlawaccess, provided this report on the confirmation of two new Commissioners.  A statement by the FTC Chairman is … Continue Reading

Text Messaging Petition Draws Little Comment

Initial comments were filed last week on Club Texting’s request for a declaratory ruling regarding the use of text broadcasting for marketing purposes.  Club Texting, a provider of mass texting services to marketers and other customers, asked the FCC to rule that text broadcasters enjoy the same protection from liability under the TCPA that applies to fax … Continue Reading