Media and telecommunications laws cover a wide area of consumer rights. Media and telecom laws govern print, radio, television, Internet, video and DVD, video games, cable telephones, mobile telephones and fax. Lawsuits in this category can be filed against telecommunications or media companies who have overcharged you or charged for undelivered services. Lawsuits also involve violations of privacy, false advertising, unfair business practices, unauthorized use of media and more.
Media Law and Telecommunications Law
Telecommunications involves the use of technology to communicate. Telecom service providers include Internet, cell phone and telephone providers. Television and radio are also considered forms of telecommunication.
Telecommunications law is a wide area of law that covers regulation of television and radio broadcasting, cable systems and transmissions, radio frequencies, wireless networks, and multimedia. The Federal Communications Commission (FCC) regulates and enforces telecommunications law.
The Telecommunications Act of 1996 opened up the telecommunications market to allow virtually any communications business to compete in any market against any other telecommunications business. Essentially, any company was allowed to enter the communications business. The Act involved the first major revisions to the Communications Act of 1934, which established the FCC.
Media law is more specific than telecommunications law because it deals with the media—radio, television, satellite and cable broadcasting. The FCC regulates broadcasting and determines what frequencies will be used for what purposes by which users.
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Telecom and Media Contract Lawsuits
Contract lawsuits cover a wide range of issues that consumers may have with telecommunications or media companies. They include early termination fees, contract violations, hidden fees, rate plan changes and automatic contract renewals.
One lawsuit was filed by Washington Attorney General Rob McKenna against DIRECTV, alleging consumers were misled into signing up for DIRECTV services without realizing they were signing up for a two-year contract. Furthermore, according to the lawsuit, consumers were not aware that there would be an increase in the monthly service charge after the first year of the contract and did not know they were be charged up to $480 if they canceled the contract before the two years were over.
The Attorney General also alleged that customers were charged $10 to cancel a $5.99 monthly "Protection Plan" fee, even if they were not aware they were enrolled in the "Protection Plan" program, and DIRECTV extended the length of customer contracts when customers required equipment repairs, upgrade equipment or when they moved.
DIRECTV also faces a class action lawsuit filed by consumers who allege they were not warned about early termination fees.
Other cable, satellite and cell phone providers have been accused of having similar unfair practices, including excessive early termination fees, hidden fees and automatic contract extensions when customers made any changes to their contracts.
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Telecom and Media Defective Product
Lawsuits have also been filed alleging that some telecommunications products, including cell phones and the Kindle reader, are defective. One such lawsuit was filed in July, 2009, alleging that the Kindle 2 reader developed cracks within months of purchase and that the reader's screen froze. Although Amazon said it would repair the screen freeze, the company allegedly would not replace the cracks in the reader. However, after the lawsuit was filed, Amazon announced it would replace Kindles that were cracked by the Amazon cover.
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Telecom and Media Regulatory issues
Issues that are at the forefront of media and telecommunications law include the convergence of broadcasting media—fewer companies own a larger stake in broadcasting due to mergers and acquisitions—and the emergence of VoIP (Voice over Internet Protocol) and new forms of telecommunications.
Further issues in telecommunications law involve the use of telemarketers to connect companies with clients. The Do-Not-Call Implementation Act was put in place in 2003 by the Federal Trade Commission (FTC) to limit telemarketing calls. U.S. residents can register for free, and telemarketers must comply with this nationwide request and stop calling within 31 days.
With the deregulation of the communications industry came issues regarding licensing, interconnection and anti-competitive practices.
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MEDIA/TELECOM ARTICLES AND INTERVIEWS
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Apple Sues HTC, Maker of Nexus One Phones, Over Alleged Patent Infringement
San Francisco, CA: Apple announced yesterday that it is suing HTC in Taiwan over an alleged violation of some 20 patents owned by Apple, pertaining to HTC cell phone technology that uses the Google-owned Android operating system. Included in the lawsuit is the Nexus One phone, designed and sold by Google..
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Total Call Called Out on Undisclosed Fees, Lawsuit Settled
Los Angeles, CA: There’s nothing like the telecom industry to get one’s blood boiling when it comes to undisclosed rates and fees. Especially when said rates and fees are not disclosed. Late last month a nationwide class action lawsuit was settled by Total Call International Inc. with various plaintiffs in regards to prepaid calling cards. The settlement adds up to $1.9 million, with plaintiffs getting refunds..
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Murdoch sues Italian Prime Minister over media antitrust
New York City, NY: An Italian satellite television platform filed an antitrust lawsuit on Wednesday against its competitor, Mediaset SpA..
MEDIA/TELECOM LAW SUITS FILED
Storm8 Faces Class Action of Personal Information Harvesting through iPhone Games T-Mobile, Microsoft Face Class Action over Sidekick Phone Data Loss Charter Cable Faces Class Action for Unlicensed Workers
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