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Lauren Bernard

Who Is Nathan Simington? Trump Nominates New FCC Commissioner
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Who Is Nathan Simington? Trump Nominates New FCC Commissioner

On September 16th, President Trump nominated Nathan Simington to fill a vacancy on the Federal Communications Commission after withdrawing Michael O’Rielly’s nomination to serve another term on the Commission. Simington is currently an adviser for the National Telecommunications and Information Administration (NTIA),…

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Attorneys General Urge Passage of SAFE Banking Act as Part of COVID-19 Relief

On May 19th, a coalition of thirty-four state attorneys general led by Colorado AG Phil Weiser urged Congress to pass the Secure and Fair Enforcement (“SAFE”) Banking Act as part of upcoming COVID-19 relief legislation. The bipartisan group includes attorneys general, such…

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Eleventh Circuit Finds Contractual TCPA Consent Can’t Be Revoked

The Eleventh Circuit has joined the Second Circuit in finding that the Telephone Consumer Protection Act ("TCPA") does not authorize unilateral revocation of consent to receive automated calls when such consent is given in a bargained-for contractual provision. In a favorable opinion…

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U.S. Senate Passes the Pallone-Thune TRACED Act

The U.S. Senate has unanimously passed the Pallone-Thune TRACED Act (“Act”), named after Senators Frank Pallone, Jr. (D-NJ), and Sen. John Thune (R-SD). The bill is a result of a yearlong effort by legislators to clamp down on unwanted robocalls. Upon final…

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FCC Seeks Comments on Expanding Opt-Out Text Messages

The Federal Communications Commission (“FCC”) is seeking comments on whether companies are permitted to send follow-up text messages clarifying the terms of an opt-out request. The FCC's notice comes in light of Capital One Services' Petition for a Declaratory Ruling filed earlier…

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Trump Administration: CFPB Suits Should Survive Unconstitutionality Ruling

In the coming months, the U.S. Supreme Court will decide whether the structure of the Consumer Financial Protection Bureau ("CFPB") is constitutional. The Court will specifically look at whether the CFPB’s structure, which insulates the Director of the Bureau from the President,…

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