Wireline Report

The Wireline Report

Latest FTC and FCC news impacting your business

By Salvatore Taillefer, Partner, Blooston Law (sta@bloostonlaw.com)

FTC Begins Rulemaking on ‘Commercial Surveillance’ On August 11, the Federal Trade Commission issued an advanced notice of proposed rule-making (ANPR) seeking comments on the harms resulting from “commercial surveillance” and ways the FTC might address them through rulemaking. The ANPR asks more than 90 questions about widespread collection of personal data, the effi cacy of “notice-and-consent” regimes to protect consumers, ways that personal data can be used for discriminatory purposes, and the potential harms experienced by vulnerable populations such as minors.

FCC Issues Consumer Alert on Robotext Scams On July 28, the FCC issued a Consumer Alert regarding the rising number of robotexts. According to the Alert, the FCC has seen a rising number of complaints about unwanted text messages in recent years from approximately 5,700 in 2019, 14,000 in 2020, 15,300 in 2021, to 8,500 through June 30, 2022. In addition, some independent reports estimate billions of robotexts each month – for example, RoboKiller estimates consumers received over 12 billion robotexts in June.

In response, the FCC recommended consumers protect themselves with the following practices: • Do not respond to suspicious texts, even if the message requests that you “text STOP” to end messages. • Do not click on any links. • Do not provide any information via text or website. • Forward unwanted texts to

SPAM (7726). • Delete all suspicious texts. • Consider installing anti-malware software. • Review companies’ policies regarding opting out of text alerts and selling/sharing your information. • Review text blocking tools in your mobile phone settings, available third-party apps, and your mobile phone carrier’s offerings.

Do these recommendations create issues for alarm companies that send text messages to the consumers? Are alarm company messages suitably identifi ed to avoid being caught up in these practices?

Sens. Markey, Wyden, and Rep. Matsui Introduce Net Neutrality Bill On July 29, Senators Edward J. Markey (D-Mass.), a member of the Commerce, Science, and Transportation Committee, Ron Wyden (D-Ore.), and Representative Doris Matsui (CA-06) introduced the Net Neutrality and Broadband Justice Act, legislation that would accurately classify broadband internet access as a telecommunications service under Title II of the Communications Act, giving the FCC the appropriate authority to reinstate net neutrality protections.

Unlike previous Net Neutrality bills, this one would not attempt to reinstate the FCC’s pro-Net Neutrality orders. As a result, any actual Net Neutrality requirements would need to be adopted by the present FCC, and could reasonably be subject to repeal in the same way that Chairman Wheeler’s Net Neutrality Order was repealed under Chairman Pai.

How ever, some protections that apply to telecommunications services would now apply to broadband, such as Section 202’s antidiscrimination provisions and Section 275’s provisions insulating alarm companies from unfair competition by cable companies and common carriers.