Jenner & Block

“FCC Privacy Rules Veer Off Course in Eleventh Hour,” The Hill

In this article, Jenner & Block Partner Nancy C. Libin discusses the Federal Communications Commission’s (FCC) new privacy rules for broadband providers and a last-minute call to include a prohibition against mandatory arbitration clauses. Ms. Libin examines the call to “slip[] a major restriction on arbitration agreements into the privacy rules,” which, she suggests would be “certain to provoke court challenges and put the entire broadband privacy proceeding at risk.” She notes that restricting arbitration would be particularly troubling for consumers because class-action lawyers will be able to lump consumers into giant cases that will generate major legal fees rather than timely solutions to the consumers’ problems. The agency adopted the proposed rules, without taking any action on mandatory arbitration clauses, on October 27.