United States DC Circuit

In a case involving the validity of the FCC's latest order specifying how carriers are to obtain their customers' approval for use of the customers' information, telecommunications association and companies' petition for review of the order is denied where: 1) the FCC returned to a limited "opt-in" consumer consent requirement in response to the increasing activity of data brokers; and 2) it gave sufficient reasons for singling out the relationships between carriers and third-party marketing partners.

Appellate Information

• Decided 02/13/2009
• Published 02/13/2009

Judges

• Before:  RANDOLPH, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Matthew A. Brill argued the cause for petitioner.   With him on the briefs were J. Scott Ballenger, Melissa B. Arbus, Daniel L. Brenner, Neal M. Goldberg, and Loretta P. Polk., Helgi C. Walker argued the cause for intervenors.   With her on the brief were Andrew G. McBride, Brett A. Shumate, Michael E. Glover, Karen Zacharia, and Robert B. McKenna Jr.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Richard K. Welch, Acting Deputy Associate Counsel.