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Focus on Regulation

Tag Archives: Text Messages

FCC Considers Whether Title II Protections Apply to SMS Traffic

In a recent Public Notice, the Federal Communications Commission (“FCC”) sought comment on a Petition filed by Twilio Inc. (“Twilio”) requesting clarification that short message service (“SMS”) messages are regulated under Title II of the Communications Act.  The regulatory treatment of SMS messages has come to a head because of the FCC’s recent reclassification of

The FCC Issues Citations Against Lyft and First National Bank for Failing to Obtain “Prior Express Written Consent” in Terms of Service Statements

On September 11, 2015, the Federal Communications Commission (FCC) Enforcement Bureau issued citations to F.N.B. Corporation (First National Bank or FNB) and Lyft, Inc. (Lyft), a ride-sharing service, for Telephone Consumer Protect Act (TCPA) violations pertaining to the marketing rules. As background, the TCPA requires companies to obtain “prior express written consent” for all prerecorded

New technologies, new risks: An update on recent TCPA developments that could require companies to reassess their outbound communications policies

Michele Farquhar, a partner in the Communications Practice in Washington, D.C., and Mark Brennan, an associate in the same group, recently coauthored an article on the litigation risks companies face under the Telephone Consumer Protection Act for InsideCounsel.com. They discuss the regulatory pitfalls companies should be aware of if they contact their customers. Click here to