Is Your New Year's Resolution to Comply with Automatic Renewal Laws? If So, Look No Further
The law surrounding negative option and continuity programs continues to evolve rapidly. Feeling a bit overwhelmed with the latest developments? Below is what you need to know in light of new laws, new enforcement actions, new class action activity, and new state-by-state requirements for cancellation, notice, disclosures, and other key points. If you'd prefer to catch up on our March 1 webinar, RSVP here.
The Federal Trade Commission Is Taking Aim at Employer Non-Competition Agreements
Non-compete agreements are under attack yet again. On January 5, 2023, the Federal Trade Commission (FTC)—the federal agency tasked with protecting consumers from unfair and deceptive business practices—announced a new proposed rule that, if enacted, will prohibit the use of non-compete agreements by employers in almost all circumstances. According to the FTC, the proposed rule is needed to combat allegedly unfair methods of competition that violate the Federal Trade Commission Act (FTCA). The FTC also contends that the rule will increase American workers' earnings by as much as $300 million.
FCC Planning New Rules to Streamline Satellites and Earth Station Applications
At the tail end of 2022, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposals to streamline the processing of satellite and Earth station applications under Part 25 of its rules. FCC Chairwoman Jessica Rosenworcel explained that "the new space age needs new rules," given the growing space economy, and that the public and private sectors will need to collaborate better.
And Happy New Year to You, Too: FTC Adjusts Maximum Civil Penalty Amounts
Like clockwork, the Federal Trade Commission (FTC) has issued its Adjustments to Civil Penalty Amounts for 2023. As instructed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the FTC and other similarly situated federal agencies ring in the new year not with champagne and confetti, but with adjusted maximum civil penalty amounts.
FCC Proposes New Rules to Prohibit Digital Discrimination in Broadband Services
Broadband internet access service providers, and possibly broadband communications services and applications providers, will likely soon face additional regulatory restrictions on their services. The FCC has released a Notice of Proposed Rulemaking (NPRM), adopted at its December Open Commission Meeting, seeking comment on new rules prohibiting digital discrimination from access to broadband service.
Florida Court Dismisses Telemarketing Claims for Failure to Plead Injury; Plaintiff Appeals to Eleventh Circuit
Courts continue to grapple with issues surrounding Florida's Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III.
FCC Proposes New Licensing Rules for Unmanned Aircraft Systems
The Federal Communications Commission (FCC) has released a Notice of Proposed Rulemaking (NPRM) requesting comment on proposed rules for the operation of unmanned aircraft systems in the 5030-5091 MHz band. The proposed rules would grant unmanned aircraft systems a new right to license spectrum in the band for secure communications.
FCC Clarifies Express Written Consent Requirement for Exempt Callers under TCPA and TRACED Act
On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling clarifying the express consent requirements for calls placed to residential landlines under the Telephone Consumer Protection Act (TCPA) and the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act).