Daniel JT McKenna

Blogs: Consumer Finance Monitor, CyberAdviser

Latest Articles

FCC votes to approve call blocking declaratory ruling and adopts NPRM on caller ID authentication

By Daniel JT McKenna & John L. Culhane, Jr. on June 7, 2019

The FCC announced that it has approved the declaratory ruling previously circulated by Chairman Pai that would allow voice service providers to start offering default call-blocking programs that are based on reasonable analytics. The FCC also voted to adopt a notice of proposed rulemaking that, as described in the FCC’s press release, would “require service providers to implement the SHAKEN/STIR caller ID authentication framework, if major voice service providers fail to do so by the…

Consumer Finance Monitor

FCC’s call blocking plans could create problems for collections

By Daniel JT McKenna & John L. Culhane, Jr. on May 20, 2019

Plans announced on May 15 by the FCC to empower voice service providers to offer more aggressive call-blocking programs could create significant problems for creditors and debt collectors. In addition to allowing providers to block unwanted calls by default, the FCC plans to allow providers to offer opt-in blocking in which a consumer can elect to block calls from any numbers that are not on the consumer’s own contact list. Such opt-in blocking could result in…

CyberAdviser

SCOTUS Decision in Unsolicited Fax Case Could Have Broader TCPA Implications

By Alan S. Kaplinsky, John L. Culhane, Jr., Stefanie Jackman & Daniel JT McKenna on November 15, 2018

The U.S. Supreme Court’s grant this week of the petition for certiorari in a case involving the Telephone Communication Protection Act (TCPA) prohibition on unsolicited fax advertisements could have significant implications for the Federal Communication Commission’s (FCC) anticipated ruling on what constitutes an automatic telephone dialing system (ATDS) under the TCPA. The petitioner in PDR Network v. Carlton & Harris Chiropractic sent a fax in 2013 to a West Virginia chiropractor offering a free copy…

Consumer Finance Monitor

FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision

By Joel E. Tasca & Daniel JT McKenna on October 4, 2018

The Federal Communications Commission (FCC) has issued a notice asking for comment on what constitutes an automatic telephone dialing system (ATDS) under the TCPA following the Ninth Circuit’s September 20, 2018 decision in Marks v. Crunch San Diego. In May 2018, the FCC issued a notice announcing that it was seeking comments on several TCPA issues following the D.C. Circuit’s decision in ACA International v. FCC. The FCC’s new notice states that it…

Consumer Finance Monitor

FCC seeking comments on TCPA issues in light of D. C. Circuit ACA International decision

By Daniel JT McKenna on May 17, 2018

The FCC has issued a notice announcing that it is seeking comments on several TCPA issues following the D. C. Circuit’s decision in ACA International v. FCC. Comments are due by June 13, 2018 and reply comments are due by June 28, 2018. The FCC’s notice follows the filing of a petition by several industry trade groups seeking clarification of the TCPA’s definition of “automatic telephone dialing system” (ATDS) in light of the D.C.…

Consumer Finance Monitor

D.C. Circuit rejects challenge to FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

By John L. Culhane, Jr. & Daniel JT McKenna on May 10, 2018

The U.S. Court of Appeals for the D.C. Circuit has rejected a trade group’s attempt to invalidate a November 2016 FTC opinion in which the agency concluded that outbound telemarketing calls made using soundboard technology are subject to the prior written consent requirement for robocalls in the FTC’s Telemarketing Sales Rule (TSR). The TSR’s robocall written consent requirement applies to “any outbound telephone call that delivers a prerecorded message.” The FTC’s 2016 opinion revoked a…

Consumer Finance Monitor

ACC releases largest study of its kind on cybersecurity preparedness among in-house counsel

By Daniel JT McKenna & Philip N. Yannella on December 9, 2015

The Association of Corporate Counsel Foundation (ACC) released a State of Cybersecurity report on December 9, 2015. Ballard Spahr was the only law firm that served on the advisory board for the study and helped to formulate the survey questions. The report provides valuable insights on cybersecurity issues from more than 1,000 corporate lawyers at 887 organizations worldwide—most of whom hold the position of General Counsel or Chief Legal Officer. We have previously observed that banks and other…

Consumer Finance Monitor

CFPB elaborates on stepped-up FCRA enforcement activity

By Daniel JT McKenna on September 6, 2013

Yesterday we blogged about CFPB Bulletin 2013-09, which examined the CFPB’s expectations of furnishers investigating disputes under the federal Fair Credit Reporting Act (FCRA). The FCRA was also the topic of a panel sponsored by the Consumer Financial Services Committee at the American Bar Association’s Annual Meeting in San Francisco on Friday, August 9. Much of the program was spent discussing data contained in the FTC’s December 2012 10-year study of credit reports and the…

Consumer Finance Monitor

The CFPB maintains that it is not making law through its amicus program

By Daniel JT McKenna on August 19, 2013

That was the message delivered by CFPB Assistant Director, To-Quyen Truong, at a program entitled “The CFPB’s Amicus Program and Trends in Consumer Litigation” sponsored by the Committee on Consumer Financial Services of the Business Law Section, which took place at the American Bar Association Annual Meeting on Saturday, August 10 in San Francisco. Ms. Truong explained that the program’s goal is to assist federal appellate and state supreme courts by presenting the Bureau’s views…

Consumer Finance Monitor

Director Cordray speaks at Philadelphia Residential Mortgage Diversion Program anniversary celebration

By Daniel JT McKenna on June 18, 2013

CFPB Director Richard Cordray was among the speakers at a program last week celebrating the fifth anniversary of the Philadelphia Residential Mortgage Diversion Program. The Diversion Program, which began in 2008, was the first city-sponsored plan in the nation to facilitate face-to-face negotiations between mortgage lenders and borrowers in connection with troubled loans. In his remarks, Director Cordray discussed the CFPB’s mortgage rules and supervisory authority over nonbanks. He also highlighted the CFPB’s consumer complaint…

Daniel JT McKenna

FCC votes to approve call blocking declaratory ruling and adopts NPRM on caller ID authentication

FCC’s call blocking plans could create problems for collections

SCOTUS Decision in Unsolicited Fax Case Could Have Broader TCPA Implications

FCC seeks comments on TCPA autodialer definition following Ninth Circuit Marks decision

FCC seeking comments on TCPA issues in light of D. C. Circuit ACA International decision

D.C. Circuit rejects challenge to FTC opinion applying TSR robocall consent requirement to calls made using soundboard technology

ACC releases largest study of its kind on cybersecurity preparedness among in-house counsel

CFPB elaborates on stepped-up FCRA enforcement activity

The CFPB maintains that it is not making law through its amicus program

Director Cordray speaks at Philadelphia Residential Mortgage Diversion Program anniversary celebration

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