CommLaw Monitor

News and analysis from Kelley Drye’s communications practice group

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…

FCC Grants, with Conditions, TCPA Waiver for Package Delivery Notifications; Allows Intermediary Consent for Text-Based Social Networking

The Federal Communications Commission (the “Commission” or “FCC”) seems to be opening the spigot a bit on its extensive backlog of Telephone Consumer Protect Act (“TCPA”) petitions. On March 27, 2014, the Commission…

U.S. District Court Makes Significant Ruling Affecting CLECs’ Rights for Interconnection

Earlier this month, the U.S. District Court for the Eastern District of Missouri (“District Court”) made a potentially significant pronouncement regarding the procedure affecting interpretation and enforcement of…

Another TCPA Petition Reaches the FCC

Litigation under the Telephone Consumer Protection Act (TCPA) has exploded over the last few years. During the course of such litigation, parties typically will seek the input of the Federal Communications Commission…

DC Circuit Court holds that FCC Guidance on Agency Law in TCPA Cases is Not Binding on Courts

On January 22, 2014 the D.C. Circuit Court of Appeals issued a two-page per curiam decision dismissing a petition by DISH Network, LLC that challenged the FCC’s “guidance” on the interpretation of agency law in the…