Balough
October 28, 2014
AT&T Mobility throttled the data for millions of its customers who signed up for “unlimited” data plans even though the customers were told their use would not be limited, the Federal Trade Commission charged in a lawsuit. The complaint alleges that in 2010 AT&T ceased offering unlimited mobile data plans to new customers. Instead, new […]
Balough
June 25, 2014
Streaming television programs on request via the Internet using a remote antenna is a direct infringement of the program’s copyright, the U.S. Supreme Court ruled, reversing an appellate court that found the practice did not violate the U.S. Copyright Act. The Supreme Court in a 6-3 decision said Aereo, Inc.’s practice was no different than […]
Balough
January 9, 2014
The government’s massive phone metadata gather program is not an unconstitutional invasion of privacy, a New York District Court judge ruled, thus creating a conflict with a Washington, D.C. District Court judge who found the program did violate a person’s right of privacy. In the order, the New York judge disagreed with his Washington, D.C. […]
Balough
December 23, 2013
The U.S. government can get historical cell phone records, including geolocational information, from cell phone providers without a warrant, the Fifth District Court of Appeals ruled. The appellate court reversed the trial court, which found that, under the Stored Communications Act (SCA), the government had to seek a warrant and show probable cause before the […]
Balough
December 13, 2013
The Federal Trade Commission (FTC) has obtained its first penalty against a company assisting and facilitating in violating the Do Not Call law. Under a settlement, Entrepreneurial Strategies, Ltd. a Georgia company, and its chief executive Dale Allison Jr. are to pay the FTC $13,454.71 in civil penalties for violating the “assisting and facilitating” provision […]
Balough
December 12, 2013
DIRECTV and its telemarketers were a little too direct-calling persons who had registered for the federal Do Not Call list. As a result, the satellite television provider will pay a record fine of $5.3 million to the Federal Trade Commission. The company agreed to stop using telemarketers who violate the FTC’s rules regarding the Do […]
Balough
December 12, 2013
Spam from a mortgage company sent to a cell phone is a violation of the Telephone Consumer Protection Act of 1991 (TCPA), the Arizona Court of Appeals found. Rodney L. Joffee received a text message on his cell phone from Acacia Mortgage Corporation advertising low home mortgage rates. He sued Acacia arguing that the message […]
Balough
December 7, 2013
The Federal Communications Commission exceeded its authority when it issued rules requiring digital television receivers and other devices to contain technology that prohibited the redistribution of the broadcast. The technology is known as the broadcast flag. It is a digital code embedded in a DTV broadcast stream that prevents digital television reception equipment from redistributing […]