MANAGING CONSUMER PROTECTION ISSUES

Consumer protection issues in the communications and information sectors have taken center stage among federal and state regulators and legislators in recent years. Significant new legal and regulatory obligations have been imposed, and millions of dollars in penalties assessed. These developments make it more costly and complicated for service providers and vendors—and those who rely on them—to conduct business, even as these firms seek ways to cut costs related to customer acquisition and retention activities.

Diverse industry expertise

Davis Wright Tremaine LLP (DWT) represents clients in all segments of the telecommunications industry, including wireline and wireless carriers, equipment manufacturers, trade associations, billing companies and large users. We have dealt with the full range of consumer protection issues and have provided extensive regulatory compliance advice.

DWT understands the business needs of our clients and the workings of the telecommunications industry. Most of our attorneys have served as officers or senior legal counsel for a variety of telecom companies, including AT&T, AT&T Wireless, MCI and CompTel. Many DWT attorneys have worked at regulatory agencies in positions including administrative law judge, assistant general counsel, and commissioner’s advisor and staff attorney. This wealth of experience provides us with enviable insight into regulatory agency operation. DWT attorneys effectively advocate clients’ interests before the FCC, the FTC and state regulatory commissions and attorneys general in every kind of rulemaking, enforcement and complaint proceeding.

Spectrum of services

DWT is a national leader representing information-industry clients in the fast-changing landscape of consumer protection law and regulation. We help clients successfully navigate the details and pitfalls of the key consumer protection issues of the day, including:

• Telemarketing and the national FTC, FCC and state "do not call" rules. DWT has represented the national association of telemarketing firms and has served as lead counsel in telemarketing regulatory and judicial proceedings, up to and including the U.S. Supreme Court.
  
  
• Customer privacy requirements and notice obligations, including the FCC’s changing Consumer Proprietary Network Information (CPNI) rules. We develop privacy and CPNI compliance programs for national and regional communications firms.
  
  
• "Slamming," "cramming" and "truth-in-billing" rules. Our attorneys have devised compliance programs and negotiated informal settlements that have saved clients millions of dollars in fines and liabilities.
  
  
• "Anti-spam" laws and restrictions on text messaging. We advise clients on methods for sending emails in a manner that complies with the applicable new rules so that this form of communication remains viable while respecting consumer preferences.
  
  
• "Post-de-tariffing" obligations for apprising customers of new and revised rates, terms and conditions of service. We develop comprehensive customer notice, disclosure and compliance plans for telecom clients.
  
  
• State Consumer Protection Initiatives. DWT attorneys represent telecom carriers in state proceedings in which significant new consumer protection rules are being developed, including detailed provisions regarding the manner in which telecom carriers can allow their customers to purchase non-communications-related products and services in conjunction with their telecommunications service.
  
  
• Quality of service. DWT attorneys have represented telecom carriers and others in state public utility commission proceedings considering expansion of the scope of Quality of Service rules.

For your benefit  

Our firm periodically hosts a clients-only seminarthat brings government and industry together to analyze the most important consumer protection issues and developments, to help our clients make informed decisions and avoid liability while improving their service to customers. Please visit www.dwt.com to view the agendas for these programs.