On February 15, the Federal Communications Commission (“FCC”) adopted new consent revocation rules for robocalls and robotexts, which the FCC defined as calls made using an “automatic telephone dialing system” or an artificial or prerecorded voice. Under the Telephone Consumer Protection Act (“TCPA”) and the FCC’s implementing rules, callers and texters must obtain “prior express consent” or “prior express written consent,” depending on the call/text content, from consumers to send such communications absent an applicable exemption. Continue Reading FCC Adopts New TCPA Consent Revocation Rules
Yaron Dori has over 25 years of experience advising technology, telecommunications, media, life sciences, and other types of companies on their most pressing business challenges. He is a former chair of the firm’s technology, communications and media practices and currently serves on the firm’s eight-person Management Committee.
Yaron’s practice advises clients on strategic planning, policy development, transactions, investigations and enforcement, and regulatory compliance.
Early in his career, Yaron advised telecommunications companies and investors on regulatory policy and frameworks that led to the development of broadband networks. When those networks became bidirectional and enabled companies to collect consumer data, he advised those companies on their data privacy and consumer protection obligations. Today, as new technologies such as Artificial Intelligence (AI) are being used to enhance the applications and services offered by such companies, he advises them on associated legal and regulatory obligations and risks. It is this varied background – which tracks the evolution of the technology industry – that enables Yaron to provide clients with a holistic, 360-degree view of technology policy, regulation, compliance, and enforcement.
Yaron represents clients before federal regulatory agencies—including the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), and the Department of Commerce (DOC)—and the U.S. Congress in connection with a range of issues under the Communications Act, the Federal Trade Commission Act, and similar statutes. He also represents clients on state regulatory and enforcement matters, including those that pertain to telecommunications, data privacy, and consumer protection regulation. His deep experience in each of these areas enables him to advise clients on a wide range of technology regulations and key business issues in which these areas intersect.
With respect to technology and telecommunications matters, Yaron advises clients on a broad range of business, policy and consumer-facing issues, including:
- Artificial Intelligence and the Internet of Things;
- Broadband deployment and regulation;
- IP-enabled applications, services and content;
- Section 230 and digital safety considerations;
- Equipment and device authorization procedures;
- The Communications Assistance for Law Enforcement Act (CALEA);
- Customer Proprietary Network Information (CPNI) requirements;
- The Cable Privacy Act
- Net Neutrality; and
- Local competition, universal service, and intercarrier compensation.
Yaron also has extensive experience in structuring transactions and securing regulatory approvals at both the federal and state levels for mergers, asset acquisitions and similar transactions involving large and small FCC and state communication licensees.
With respect to privacy and consumer protection matters, Yaron advises clients on a range of business, strategic, policy and compliance issues, including those that pertain to:
- The FTC Act and related agency guidance and regulations;
- State privacy laws, such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Virginia Consumer Data Protection Act, and the Utah Consumer Privacy Act;
- The Electronic Communications Privacy Act (ECPA);
- Location-based services that use WiFi, beacons or similar technologies;
- Digital advertising practices, including native advertising and endorsements and testimonials; and
- The application of federal and state telemarketing, commercial fax, and other consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), to voice, text, and video transmissions.
Yaron also has experience advising companies on congressional, FCC, FTC and state attorney general investigations into various consumer protection and communications matters, including those pertaining to social media influencers, digital disclosures, product discontinuance, and advertising claims.
On February 8, 2024, the Federal Communications Commission (FCC) released a declaratory ruling stating that Telephone Consumer Protection Act (TCPA) restrictions on making phone calls using an “artificial or prerecorded voice” “encompass current AI technologies that generate human voices.” Therefore, unless an exemption applies, telemarketing calls using an artificial or prerecorded voice simulated or generated…
On February 6, the Federal Communications Commission (“FCC”) announced that it had sent a letter to Lingo Telecom, LLC (“Lingo”) to demand that Lingo “immediately stop supporting unlawful robocall traffic on its networks.” As background, Lingo is a Texas-based telecommunications provider that, according to the FCC’s letter, was the originating provider for “deepfake” calls made by Life Corp. to New Hampshire voters on January 21, 2024. The calls, which imitated President Biden’s voice and falsified caller ID information, took place two days before the New Hampshire presidential primary and reportedly advised Democratic voters to refrain from voting in the primary. Continue Reading FCC Issues Cease-and-Desist Letter Regarding Robocalls Made Before New Hampshire Primary
This blog post summarizes recent telemarketing developments emerging at the federal level and from Missouri, Wisconsin and West Virginia.
On January 29, 2024, Congressman Frank Pallone (D-NJ), Ranking Member of the U.S. House Energy and Commerce Committee, introduced H.R. 7116, the “Do Not Disturb Act.” A press release accompanying the bill’s introduction stated that Congressman Pallone introduced the bill “to protect consumers from the bombardment of dangerous and unwanted calls and texts that have been exacerbated by the Supreme Court’s decision in Facebook, Inc. v. Duguid . . .” If enacted, the bill would, among other things, do the following:Continue Reading Federal and State Telemarketing Legislative Updates
On January 16, the attorneys general of 25 states – including California, Illinois, and Washington – and the District of Columbia filed reply comments to the Federal Communication Commission’s (FCC) November Notice of Inquiry on the implications of artificial intelligence (AI) technology for efforts to mitigate robocalls and robotexts.
The Telephone Consumer Protection Act (TCPA)…
On January 30, 2024, the U.S. Office of Management and Budget (OMB) published a request for information (RFI) soliciting public input on how agencies can be more effective in their use of privacy impact assessments (PIAs) to mitigate privacy risks, including those “exacerbated by artificial intelligence (AI).” The RFI notes that federal agencies may develop…
U.S. policymakers have continued to express interest in legislation to regulate artificial intelligence (“AI”), particularly at the state level. Although comprehensive AI bills and frameworks in Congress have received substantial attention, state legislatures also have been moving forward with their own efforts to regulate AI. This blog post summarizes key themes in state AI bills introduced in the past year. Now that new state legislative sessions have commenced, we expect to see even more activity in the months ahead.Continue Reading Trends in AI: U.S. State Legislative Developments
On January 24, 2024, the U.S. National Science Foundation (“NSF”) announced the launch of the National Artificial Intelligence Research Resource (“NAIRR”) pilot, a two-year initiative to develop a shared national research infrastructure for responsible AI discovery and innovation. The launch makes progress on a goal in President Biden’s recent Executive Order on AI safety and…
The FTC has announced that it will hold an informal hearing on its proposed rule regarding consumer reviews and testimonials. This informal hearing follows the Commission’s June 2023 notice of proposed rulemaking (NPRM) on the topic. We previously blogged about key takeaways from the NPRM, which proposed to address a variety of consumer review and testimonial practices that the Commission views as unfair or deceptive, including fake reviews, review hijacking, purchasing reviews, employee reviews, review suppression, and the use of fake indicators of social media influence. Continue Reading FTC Announces Informal Hearing on Proposed Rule Regarding Testimonials and Reviews
Earlier today, the Federal Trade Commission’s (“FTC”) Office of Technology announced that it will hold a half-day virtual “FTC Tech Summit” on January 25, 2024 to address key developments in the field of artificial intelligence (“AI”).
The FTC’s event website notes that the Summit will “bring together a diverse set of perspectives across academia, industry…