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Appeals Court Clarifies Issues Regarding Robocalls and Consent

first_img  Print This Post The Best Markets For Residential Property Investors 2 days ago Subscribe Previous: Making Mortgage Forgiveness Tax Relief Permanent Next: Fannie Mae Announces Winner of Non-performing Loan Sale The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Home / Daily Dose / Appeals Court Clarifies Issues Regarding Robocalls and Consent Demand Propels Home Prices Upward 2 days ago Demand Propels Home Prices Upward 2 days agocenter_img Share Save March 16, 2018 3,138 Views About Author: David Wharton Sign up for DS News Daily On Friday, March 16, the U.S. Court of Appeals for the District of Columbia Circuit has issued a ruling in the case of ACA International v. FCC, clarifying several issues with regard to consumer and industry rights pertaining to robocalls and texts sent to consumers.ACA International challenges the FCC’s interpretations of the Telephone Consumer Protection Act of 1991 (TCPA), as laid out in a July 2015 Omnibus Declaratory Ruling and Order. At issue were four particular questions pertaining to the interpretation of TCPA rules. As laid out on ACA International’s website, ACA focused their arguments on three areas: “the definition of an ‘automatic telephone dialing system,’ the identity of the ‘called party’ in the reassigned number context, and the means by which consent can be revoked.”During the 2017 ACA Convention and Expo in Seattle, ACA’s Corporate Counsel Karen Scheibe Eliason told attendees, “ACA sought judicial determination of whether the FCC ignored the controlling statute in order to expand the scope and reach of the TCPA in a way that Congress never intended, leaving a law in place that hurts legitimate, law-abiding businesses.”The Court of Appeals sided with the FCC when it came to issues of consent revocation. The Appeals Court’s cites and supports the FCC’s argument that “‘a called party may revoke consent at any time and through any reasonable means’—whether orally or in writing—‘that clearly expresses a desire not to receive further messages.”On the topic of what constitutes a robocaller or “‘automatic telephone dialing system,” the Court sided with ACA, pointing out that the FCC’s previous interpretation could lead to unintended consequences such as ordinary people suddenly finding themselves in violation of the law simply by making use of their smartphone. The opinion reads:“Imagine, for instance, that a person wishes to send an invitation for a social gathering to a person she recently met for the first time. If she lacks prior express consent to send the invitation, and if she obtains the acquaintance’s cell phone number from a mutual friend, she ostensibly commits a violation of federal law by calling or sending a text message from her smartphone to extend the invitation.”Finally, the Appeals Court sided with ACA with regard to instances where a robocaller calls an existing number that has been reassigned, thus inadvertently making an unsolicited call to a person with whom the organization does not have a prior business relationship or express consent to receive calls. Previous FCC interpretations had allowed for one mistaken call to a given number under these circumstances, but ACA argued that that number was arbitrary.Although the court sided with ACA against the FCC on two of the three issues, current FCC Chairman Ajit Pai released a statement that actually supported the ruling. Pai, who dissented against the 2015 FCC clarification, said, “Today’s unanimous D.C. Circuit decision addresses yet another example of the prior FCC’s disregard for the law and regulatory overreach. As the court explains, the agency’s 2015 ruling placed every American consumer with a smartphone at substantial risk of violating federal law. That’s why I dissented from the FCC’s misguided decision and am pleased that the D.C. Circuit too has rejected it.”FCC Commissioner Michael O’Rielly also voiced his support of the Appeals Court’s interpretation, releasing a statement that read, “I am heartened by the court’s unanimous decision, which seems to reaffirm the wording of the statute and rule of law. This will not lead to more illegal robocalls but instead remove unnecessary and inappropriate liability concerns for legitimate companies trying to reach their customers who want to be called.”Sen. Ed Markey (D-Massachusetts) was less enthused by the ruling. “The D.C. Circuit Court invalidated core protections that help give consumers reasonable control over their mobile devices,” Markey said. “It is now the FCC’s obligation to use its existing authority to reestablish robust, enforceable protections to enhance the precious zone of privacy created by the law.” in Daily Dose, Featured, Government, Journal, News, Technology ACA International v. FCC appeals court FCC Robocalls TCPA Telephone Consumer Protection Act 2018-03-16 David Wharton Appeals Court Clarifies Issues Regarding Robocalls and Consent The Week Ahead: Nearing the Forbearance Exit 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Tagged with: ACA International v. FCC appeals court FCC Robocalls TCPA Telephone Consumer Protection Act Related Articleslast_img read more

Mc Conalogue clashes with Burton over Farm Assist changes

first_img Almost 10,000 appointments cancelled in Saolta Hospital Group this week LUH system challenged by however, work to reduce risk to patients ongoing – Dr Hamilton Guidelines for reopening of hospitality sector published Google+ Google+ WhatsApp Pinterest Mc Conalogue clashes with Burton over Farm Assist changes Facebook Pinterest Need for issues with Mica redress scheme to be addressed raised in Seanad also Previous articleLough Swilly bus company to stop trading this weekendNext articlePolice seize cannabis during separate searches in Derry News Highland center_img WhatsApp RELATED ARTICLESMORE FROM AUTHOR By News Highland – April 16, 2014 Facebook Business Matters Ep 45 – Boyd Robinson, Annette Houston & Michael Margey Twitter Donegal North East Deputy Charlie McConalogue has hit out at the Social Protection Minister Joan Burton, accusing her of reneging on a promise not to reduce basic social welfare payments.Calling in the Dail for a full review and analysis of the Farm Assist Scheme, he Fianna Fail deputy said in successive budgets, the government has reduced the amount of income that can be disregarded when farm families are being assessed for Farm Assist, to the point where all income is now taken into account.This, he says, has seen the amount of money being paid out significantly reduced, and means the payment is now little more than a form of dole, which he believes to be unfair………..Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/04/charliefarmassist.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter Calls for maternity restrictions to be lifted at LUH Newslast_img read more

Shop till you drop — or add

first_img 6Students gather in the dance studio to take “Contemporary Dance: Countertechnique” from Joy Davis (center), a certified Countertechnique expert, dancer, choreographer and educator. Stephanie Mitchell/Harvard Staff Photographer 18Students including Andrew Roney ’17 (left) and Veronica Kane ’18 (right) gather in a William James Hall seminar room to hear Shelley Carson teach. Stephanie Mitchell/Harvard Staff Photographer 4Angela S. Allan, lecturer on history and literature, teaches “American Economic Fictions.” The course considers the culture of American capitalism through an examination of a range of literary and historical texts. Jon Chase/Harvard Staff Photographer 3Jing Leung ’18 (left) and Regan Kology ’18 take “Series Expansions and Complex Analysis.” Rose Lincoln/Harvard Staff Photographer 20Jenny Walsh ’17 (center) listens during “Foundations of Biological Diversity,” taught by Brian Farrell, director of the David Rockefeller Center for Latin American Studies. Kris Snibbe/Harvard Staff Photographer 21Students file into Harvard Hall for classes during “shopping period” at Harvard University. Rose Lincoln/Harvard Staff Photographer 8Tajrean Rahman ’20, Varoun Gulati ’19, and other students participate in Daniel Donoghue’s class “The History of the English Language.” Rose Lincoln/Harvard Staff Photographer 1Friends since freshman year, Emily Jones (left) and Abigail Orlando finally have a class together. They head into Maxwell Dworkin during shopping week at Harvard. Rose Lincoln/Harvard Staff Photographer For one week at the beginning of each semester, students at Harvard can take any class they can fit into their busy days. Many take full advantage of the sampling opportunity known as shopping week.One day before the registration deadline, Emma van der Terrell, M.T.S. candidate ’18, had locked down her first semester at Harvard Divinity School. Originally planning to shop six classes on top of a requirement and a language elective, her advisor suggested that juggling eight classes might be ambitious for a first-year graduate student. Though Emma eventually settled on four, she is still mulling over that fifth class.Senior Thomas Hewing ’17 still had some decisions to make by the deadline, but said he’s got his four classes “pretty settled.” Mostly done with his requirements, Thomas is anticipating a relatively easy fall, though he still shopped seven classes.— By John Baglione/Harvard Correspondent 9Virgilio Almeida, the CAPES distinguished visiting professor, teaches “The Internet: Governance and Power.” The course covers cyberspace governance. Jon Chase/Harvard Staff Photographer 14Ann Blair, Carl H. Pforzheimer University Professor, discusses religion and Raphael’s “Disputation of the Sacrament” during “Reason and Faith in the West” in Emerson Hall. This course uses a historical perspective to examine one of the central themes in the Western intellectual tradition: the desire to reconcile rational philosophy with religious and biblical authority. Kris Snibbe/Harvard Staff Photographer 5Students watch a clip from “The Lego Movie” during “American Economic Fictions.” Jon Chase/Harvard Staff Photographercenter_img 7Students including Sophie Carroll ’17 (right) participate in Joy Davis’ class “Contemporary Dance: Countertechnique.” Stephanie Mitchell/Harvard Staff Photographer 10Alan Bidart ’18 (left) listens intently during Virgilio Almeida’s class “The Internet: Governance and Power.” Jon Chase/Harvard Staff Photographer 15L. Mahadevan teaches “Fluid Dynamics” in the Cruft Building. The course explores continuum mechanics; conservation of mass and momentum; energy, stress, kinematics, and constitutive equations; vector and tensor calculus; and dimensional analysis and scaling. Kris Snibbe/Harvard Staff Photographer 2Yasmine Meroz teaches “Series Expansions and Complex Analysis,” a class that introduces fundamental concepts for solving real-world problems and emphasizes their applications through examples from the physical and social sciences. Rose Lincoln/Harvard Staff Photographer 16Graduate School of Arts and Sciences students Tina Huang (from left) and Paul Le Floch, and Yashraj Narang, a teaching fellow in the Harvard John A. Paulson School of Engineering and Applied Sciences, listen as L. Mahadevan explains the connection between Jackson Pollock’s paintings and the field of fluid dynamics. Kris Snibbe/Harvard Staff Photographer 17Shelley Carson teaches “Creativity: Madmen, Geniuses, and Harvard Students.” Stephanie Mitchell/Harvard Staff Photographer 19During “Foundations of Biological Diversity” inside the Science Center, biology professor Brian Farrell, director of the David Rockefeller Center for Latin American Studies, teaches an integrated approach to the diversity of life, emphasizing how chemical, physical, genetic, ecological, and geologic processes contribute to the origin and maintenance of biological diversity. Kris Snibbe/Harvard Staff Photographer 11Jacob Olupona, professor of African and African American studies and professor of African religious traditions, teaches “Introduction to African Studies.” The course introduces students to the general outlines of African archaeology, history, and geography, as well as key concepts in the study of African health, social life, economic situation, arts, and politics. Jon Chase/Harvard Staff Photographer 13Teaching fellow Amelia Spinney (standing) operates the slideshow in Annette Lemieux’s (center) “Silkscreen” class. Kris Snibbe/Harvard Staff Photographer 12During “Silkscreen,” Annette Lemieux (from far left to right) and teaching fellow Amelia Spinney teach Yao Li ’18 inside the Carpenter Center. The course teaches the manipulation of found and original imagery, and monotypes on paper and other surfaces utilizing the silkscreen process. Through slide presentations, the class is introduced to the work of artists such as Bob Rauschenberg and Andy Warhol, as well as others who use the silkscreen process. Kris Snibbe/Harvard Staff Photographerlast_img read more

PFA unveils push into Swedish residential, Danish senior living

first_imgUnder the joint venture – whose formation is subject to competition approval – OK-Fonden will run the facilities, which will be established and let to local authorities by the joint company.Allan Polack, PFA’s group chief executive officer, said demographic development meant places in nursing homes would be in short supply, and that as a large pension company, his firm knew this stage of life could come with many worries and insecurities.“With our partnership with OK-Fonden, we want to create a high-quality solution that can help supplement the public sector, and which also takes place within a constructive dialogue with the interested municipalities,” he said.Separately, PFA announced a plan to enter the Swedish residential market via a new platform called PFA Bostad, which will be managed by Obligo Real Estate.The Danish pension fund said the platform would invest in existing rental apartments in selected regional cities and municipalities around Sweden’s major cities, which had stable growth and favourable demographics. Danish pensions major PFA today announced two new plans to boost its real estate exposure, involving link-ups with management companies in the Danish senior living and Swedish residential sectors.PFA, which is Denmark’s biggest commercial pension fund, said it has earmarked DKK2.5bn (€336m) to invest in nursing homes and senior housing across the Nordic country over the next few years via a joint venture with non-profit care firm OK-Fonden (OK Fund).The new joint company is to create several welfare facilities in conjunction with local authorities, targeting 10 of Denmark’s main cities as locations.PFA and OK-Fonden said they were already in talks with several municipalities and expected to build around 70 to 100 nursing homes and between 40 and 50 senior homes under OK-Fonden’s “Housing for Life” concept – a flexible arrangement for people wanting to live in their own home for life, even if they need help and care. PFA has plans to enter the Swedish residential market via a new platform called PFA BostadThe aim was to build a portfolio of at least 500 apartments in each cluster, the fund said, for efficient portfolio management and to benefit from economies of scale.Mikael Fogemann, head of Nordic real estate at PFA, said: “We are thrilled to finally be able to enter the Swedish residential market.”This neighbouring market shared many of the same characteristics and trends PFA saw in Denmark, he said.“However, until now the lack of local presence and knowledge have made it difficult to invest in Sweden. That is why we are pleased to have this partnership agreement with Obligo,” he said.Fogemann told IPE the move was part of the firm’s strategy to increase its relative exposure to residential.Looking for IPE’s latest magazine? Read the digital edition here.last_img read more

USC eyes redemption in MPSF Tournament

first_imgThe No. 4 USC men’s water polo team ended the regular season losing three of its last four games, though the Trojans can redeem themselves with a strong performance in the upcoming MPSF tournament held Friday through Sunday at Uytengsu Aquatics Center.USC will kick off the tournament facing No. 5 Stanford on Friday. Semifinals will be played on Saturday and the championship on Sunday. The winner of the tournament will receive an automatic bid in the NCAA Tournament on Dec. 5 and 6.“It’s been a quick season,” junior Blake Edwards said before practice on Tuesday. “We’ve covered a lot this season. This week there’s not too much work that needs to be done. Just about putting everything together.”The Men of Troy are 2-1 against the Cardinal in three matches this season. They lost to Stanford 6-5 in the NorCal Tournament on Sept. 20, but beat them in a regular season match in overtime 12-8 on Oct. 3 at home. A week later, they won 9-6 over the Cardinal in the SoCal Invitational Semifinal.USC is familiar with what Stanford brings to the table.“We played them three times already this year” said sophomore driver Grant Stein. “We know what to look for. We’ve already prepared for everything. We’re re-watching our videos, going through their center plays, what they do on offense, what they do on defense. I think we’ll be ready for it.”In order to win the MPSF, USC will likely have to get past the three teams ranked ahead of them: UCLA, Pacific and Cal. Coincidentally, the Trojans’ last three losses have come against those teams, including a rough 11-6 defeat in Westwood on Sunday.The Trojans will have to put all that behind them and focus on the grueling weekend ahead.“We take what our coach is telling us, and we keep saying ‘next play,’” Stein said. “We forget about the past. We learn from our mistakes in the past — what we did wrong and what we can do better. We use that to our advantage going into future games.”Edwards noted they were able to take away some good from the losses.“We have to put it behind us,” he said. “Unfortunately we haven’t been in much form lately but we have gained a lot of positives out of each game. We’ve actually learned quite a lot from the losses.”Last season, the Trojans finished fourth in the MPSF Tournament, losing to Stanford in the semifinal and UCLA in the third place game. That tournament was held in Long Beach; this year’s will be at USC, giving the Trojans a distinct advantage over the nine visiting teams.Still, playing three games in three days will be a challenge.“It’s definitely going to be tiring,” Stein said. “These are three of the most important games of the season. There’s definitely going to be a high pace. Lots of hard work is going to be needed to win.”The tournament kicks off at 8:30 a.m. on Friday with a play-in game between UC Irvine and San Jose State and will end with the championship match on Sunday at 4:30 p.m. USC will square off against Stanford at 11:30 a.m. on Friday.last_img read more

Blackface – a sorry aspect of black history

first_imgOnce called the “king of performers,” Al Jolson was famous in the 1920s for his portrayal of blackface. It’s ironic on the first day of Black History Month a raging controversy erupted in America that recalls one of the more demeaning chapters, that of ‘blackface’, of American Black History.The controversy prevailed after pages from the 1984 year-book of Virginia Governor Ralph Norton’s tenure at medical school was made public showing individuals dressed in blackface, and a Ku Klux Klan (KKK) uniform, hood and all. Gravity of situation not recognized As the controversy rage, with calls for Northam to resign over his association with the blatant racist images, which he denies involves him, some people within the Caribbean American community failed to recognize the gravity of the situation. Some   wondered why should the governor pay a price for behavior as a young man of 25, some 35 years ago?It’s not surprising this question would be asked. As has been seen in the past, several Caribbean Americans, although they are of the black race don’t fully comprehend, or appreciate some of the significance, especially the more negative aspects, of American Black history.Aspect of 19th century American theaterBlackface was an aspect of early American theater in the 19th center. White actors would blacken their face with burnt cork, greasepaint or shoe polish, exaggerate the size of their lips, colored bright red, often wear black woolly wigs, gloves, tailcoats, or ragged clothes to depict of black people.Portraying blacks as silly, uneducated uppityThese actors routinely played the role of comics or buffoons, depicting blacks as silly, uneducated, and in the case of free blacks, uppity. The era gave rise to ridiculous characters like Jim Crow, a comical dancer; Zip Coon, a character mocking free blacks; Mammy, the wise black matriarch, and key servant in the white household; Buck, who despite his race fancies white women; the Wench, a promiscuous, provocative black female; and pickaninnies – black children depicted with large, bulging eyes, red lips, unkept hair, and perpetually eager for food.Blackface actors, which as the years grew, included some black actors, deliberately depicting blacks as stupid, illiterate and inferior to white people, reflected how the white race perceived  black slaves and free blacks. The Black and White Minstrel show that was a direct off-shoot of blackface grew in popularity among whites, but were regarded by blacks as demeaning to the race  Opposed by Frederick Douglass Frederick Douglass, one the earliest social reformers in American history, was also an early critic of blackface in American theater, and the popular black minstrel show. He wrote that the art-form was blatantly racist and should be stopped. In the early 20th century an increasing number of black actors appeared in blackface in shows nation-wide, some even using the stage to mimic the white race. But, remaining at the core of  blackface was the negative characterization of African Americans as inferior, illiterate buffoons for the comical relief and to entertain whites, feeding the general stereotype most whites had of black within the then society.  Blackface as a marketing toolSo prevalent was blackface, advertisers in the 1940s and ‘50s  used blackface images like pickaninnies and Mammy to market their consumer products. Tabooed In the 1950s the National Association for the Advancement of Colored People (NAACP) launched a deliberate campaign against portraying African Americans in blackface. The NAACP’s initiative morphed as an integral component of the Civil Rights Movement in the 1960s This resulted in the abandonment of blackface images in branding consumer products, and the Black and White minstrel shows.  Eventually blackface, like the word ‘nigga’ became taboo in America from the end of the 1960s onwards.Used by insensitive, ignorant people However, the taboo didn’t stop insensitive and ignorant people  portraying themselves in blackface during carnivals, costume parties, and Halloween. Several people including former Fox and NBC broadcaster Megan Kelly, and now Governor Northam, have been negatively impacted because of their insensitivity, or their ignorance, of the demeaning portrayal of blackface on African Americans.A despicable stigma Today, It’s a despicable stigma for African Americans to be characterized as inferior intellectually, socially, financially or any other way to another race. It was the quest of individuals like Marcus Garvey, Martin Luther King, Jr. and Malcolm X to erase  every perception of inferiority between black and other races. Portraying images of blackface does conjure the humiliating history of the eras of slavery, post-slavery and racial segregation. Since the days of blackface, a black-man led America for eight years, black individuals are seated in the US Congress, and blacks are leaders in almost every aspect of American society. Black people, mostly through their own efforts overcame negative stereotypes. There’s no need for images like blackface, KKK uniforms, or hangman nooses to regurgitate the more negative aspects of black history, particularly when these images are overtly, and covertly, used to perpetuate racism.last_img read more

GPL REVIEW: 7 stats from matchday 11

first_imgWe brought you a comprehensive match report from all seven games, now we discuss the numbers from matchday 11MOST GOALS181 goals have been scored after matchday 11. Aduana Stars have scored the most with 17 while Hasaacas have shipped in the most letting in 21 goals.DRAW SPECIALISTS Ashantigold have created the niche as draw specialists in the league. The Miners have drawn 6 out of their 11 matches. This represents a total of 54.5% of their matches.BROKEN JINX Hearts of Oak ended Berekum Chelsea’s 4 year unbeaten record. Chelsea last lost in December 2012 to another Greater Accra side, Amidaus Professionals.  UNBEATEN AWAYHearts of Oak remain the unbeaten team away from home. The Phobians have now gone to Tarkwa, Cape Coast, Tema, Techiman, Obuasi and Berekum unscathed. UNBEATEN AT HOMETechiman City , WAFA and Bechem United are unbeaten at home this season. The fourth club that was unbeaten prior to this round was Chelsea who lost to Hearts of Oak.TOP SCORERYahaya Mohammed has now scored in 5 consecutive matches. This stretch has resulted in Yahaya leading the goal scorers chat with 9 goals. One more than Latif Blessing. HOT STREAKAduana Stars have now recorded 4 consecutive victories in the league. The longest streak by any team in the league this season. –Follow Kweku on Twitter: @nana_odum. Get more updates on Facebook/Twitter with the #JoySports hashtaglast_img read more