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On November 13, 2018, the U.S. Supreme Court granted certiorari in the junk fax action, Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC, 883 F.3d 459 (4th Cir. 2018), which arose under the Junk Fax Prevention Act of the Telephone Consumer Protection Act (“TCPA”). Though the facts of the case centered on the definition of the term “unsolicited advertisement” under the 2006 FCC Rule, the high court’s eventual decision may not be just about…
On May 8, Georgia governor Nathan Deal vetoed Senate Bill 315, a proposed cybersecurity law imposing penalties of up to one year in jail and a $5,000 fine for “unauthorized computer access.”  In his veto, Governor Deal expressly cited concerns with the “national security implications” of the bill.  He noted the it could “inadvertently hinder the ability of government and private industries” to protect against cybersecurity breaches.…
With no central federal data breach law, states have taken the reins, passing an increasing number of laws that require both the protection of citizens’ private data and prompt notice of any breach of that privacy.  Governors in the last two holdout states, South Dakota and Alabama, recently signed bills to enact laws governing data breaches.  Now, all 50 states (plus D.C., Guam, Puerto Rico, and the Virgin Islands) have passed data breach notification laws.…
On March 16, 2018, in a long-awaited and much-anticipated decision, a unanimous panel of the US Court of Appeals for the District of Columbia Circuit vacated two important rulings from the Federal Communication Commission’s 2015 declaratory ruling and order (FCC Order) concerning the Telephone Consumer Protection Act (TCPA): (1) the Commission’s “clarification” of the types of calling equipment that fall within the TCPA’s definition of “automatic telephone dialing system” (ATDS); and (2) the Commission’s treatment…
On March 16, 2018, a unanimous panel of the US Court of Appeals for the District of Columbia Circuit issued its long-awaited and much-anticipated decision in ACA Int’l v. FCC, Case No. 15-1211. Though the Court vacated certain portions of the Federal Communication Commission’s 2015 omnibus declaratory ruling and order (2015 Omnibus Order) concerning the Telephone Consumer Protection Act (TCPA), the Court upheld the Commission’s approach regarding an exemption for time-sensitive healthcare calls. We represented…