| Message-ID: <u36b6s$gqj$1@panix2.panix.com>
Date: 6 May 2023 19:53:00 -0000
From: "Scott Dorsey" <kludge@panix.com>
Subject: Re: More FCC pirate crackdowns
Garrett Wollman <wollman@bimajority.org> wrote:
> No indication yet as to whether this aggressive approach is actually
> having an effect. The law requires the FCC's Enforcement Bureau to
> make an annual list of the pirate-broadcasting hotspots and report to
> Congress on its enforcement efforts there.
Pirate broadcasting isn't really a serious issue in this country. There are
a few places where it's a problem such as the Haitian community in Brooklyn
where legitimate broadcasters have been interfered with, but really the FCC
goes up against broadcast pirates because it's an easy win and they get a
lot of publicity for a minimal effort.
At the same time we have folks like the 7200 gang on the 40M amateur radio
band who seem to be totally immune to FCC enforcement because the FCC does
not seem to think it's worth their time. We have Christian networks using
noncommercial FM licenses and broadcasting commercials and program
sponsorships. We have absolute and total lack of Part 15 enforcement on
consumer products; walk into a Wal-Mart with a spectrum analyzer and take a
peek at the electronics section, plenty of spurious emissions from all over.
But the FCC doesn't care, they're more interested in going after broadcast
pirates because it gets them into the news.
--scott
--
"C'est un Nagra. C'est suisse, et tres, tres precis."
|
| Message-ID: <20230507014306.GA231944@telecomdigest.us>
Date: 6 May 2023 21:43:06 -0400
From: "The Telecom Digest" <submissions@telecom-digest.org>
Subject: Recent Court Decision Examines Multiple Aspects Of TCPA
Litigation
by David O. Klein
Last month, a magistrate judge for the United States District Court
for the Southern District of Florida issued an informative report and
recommendation in Zononi v. CHW Grp., Inc ("CHW"). Plaintiff sued CHW
for allegedly sending him multiple commercial text messages without
his consent. Plaintiff alleges that these text messages violated both
the Telephone Consumer Protection Act ("TCPA") and the Florida
Telephone Solicitation Act ("FTSA"). In turn, defendant filed a motion
to dismiss the action. The TCPA is a federal statute designed to
protect consumer privacy by restricting certain types of telemarketing
communications. The FTSA, colloquially known as a Mini-TCPA, is
Florida's own set of telemarketing laws designed to regulate the
delivery of intrastate telemarketing communications. Every day,
numerous decisions are rendered in TCPA litigation across the
country. The Zononi decision is notable because of the careful and
detailed analysis of defendant's motion undertaken by the Court.
https://www.mondaq.com/article/news/1309354?q=1803232&n=775&tp=7&tlk=15&lk=61
|
| Message-ID: <20230507014813.GA231981@telecomdigest.us>
Date: 6 May 2023 21:48:13 -0400
From: "The Telecom Digest" <submissions@telecom-digest.org>
Subject: TCPA Lawsuits Continue To Mount Throughout The Country
by David O. Klein
Connor v. First Choice Media LLC, et al.,
On April 10, 2023, Mr. Jay Connor, a pro se plaintiff, filed a
Telephone Consumer Protection Act ("TCPA") lawsuit against First
Choice Media LLC, et al., in the United States District Court for the
District of South Carolina. Pro se plaintiffs are individuals who
choose to represent themselves in TCPA lawsuits instead of hiring an
attorney.
The complaint alleges that Plaintiff received "multiple anonymous,
unsolicited calls" in violation of both the TCPA and the South
Carolina Telephone Privacy Protection Act ("SCTPPA"). Specifically,
the complaint alleges that the caller falsely purported to be with the
National Do Not Call Registry ("DNC") and stated that because
Plaintiff's number was listed on the DNC, he must consent "to receive
shipments of covid 19 testing kits." Absent consenting to same, he
would continue to receive unwanted telemarketing calls. Although
Plaintiff proceeded to provide consent, he, nonetheless, continued to
receive calls from Defendants.
https://www.mondaq.com/article/news/1309360?q=1803232&n=775&tp=7&tlk=16&lk=62
|
