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Read about the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, consensus robocall legislation that passed in the House of Representative by a vote of 417-3.
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TCPA Regulatory Update — FCC Wakes from TCPA Hibernation with Orders Granting Two Petitions

December 12, 2019 | Article | By Russell Fox, Elana R. Safner

Read about TCPA-related orders from the FCC authorizing a company to use its d/b/a name in voice messages and clarifying that an online fax service falls is not a “telephone facsimile machine."
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Monthly TCPA Digest – December 2019

December 12, 2019 | Article | By Joshua Briones, Russell Fox, Christian Tamotsu Fjeld, Elana R. Safner

Mintz’s December TCPA Digest covers consensus robocall legislation passed by the House of Representatives, recent TCPA-related orders from the FCC, and court decisions allowing fraud claims to proceed against serial TCPA plaintiffs.
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TCPA Litigation Update — Courts See Through Scam Setup TCPA Suits

December 12, 2019 | Article | By Joshua Briones

Read about two recent court decisions allowing fraud claims to proceed against serial TCPA plaintiffs.
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FCC Simplifies Evaluations of Certain Wireless Medical Devices

December 11, 2019 | Blog | By Laura Stefani

The Federal Communications Commission (FCC) regulates wireless medical devices in conjunction with the Food and Drug Administration (FDA), with the FCC’s role related to certain technical concerns such as the successful sharing of wireless frequency bands. Another area that FCC regulates is radio frequency (RF) safety – the possible harmful effects to human health from RF energy created by wireless devices. The FCC looks to health and safety agencies such as the FDA, EPA, and OSHA, to provide guidance and recommendations on what level of RF emissions are deemed “safe,” and then sets rules for how responsible parties must evaluate compliance with these limits. These rules on safe emission levels apply generally to devices that produce RF signals. The FCC proposed modifications to its RF safety rules in 2013, and finally on December 4, 2019, issued a decision that adopts many of its proposals.
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FCC Issues New Radio Frequency Safety Rules, Seeks Comment on Additional Measures

December 5, 2019 | Alert | By Laura Stefani, Angela Kung

This alert highlights key takeaways from the FCC’s recent update to its RF safety rules as well as additional measures for which the agency is seeking comment.
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Monthly TCPA Digest – November 2019

November 11, 2019 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Elana R. Safner

Mintz’s November TCPA Digest covers Capital One’s Petition for Declaratory Ruling as well as the influence of the Ninth Circuit’s Marks ruling on recent TCPA decisions.
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TCPA Class Action Update — Establishing Use of an ATDS in the 9th Circuit Still a Hurdle

November 11, 2019 | Article | By Joshua Briones, Esteban Morales

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in our Class Action Update, we look at how, or if, the Ninth Circuit’s 2018 Marks ruling — considered groundbreaking because it appeared to expand the definition of what constitutes an Automatic Telephone Dialing System (ATDS) — has influenced Ninth Circuit decisions in recent TCPA cases.
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We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in addition to covering the FCC’s continuing work to review comments submitted on past petitions and discussions with stakeholders regarding ongoing TCPA proceedings, we report on a new Petition for Declaratory Ruling, filed by Capital One, which asks if the company may use a confirmation text to clarify the scope of a recipient’s opt-out request. The FCC’s response to this question will interest many businesses that use text messages to reach out to their customers.
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Monthly TCPA Digest – October 2019

October 15, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This month’s newsletter from Mintz’s TCPA & Consumer Calling Practice delivers insight on California’s Consumer Call Protection Act and TCPA-related activity at the FCC.
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TCPA Litigation Update — CA Governor Signs the Consumer Call Protection Act

October 15, 2019 | Article | By Joshua Briones, Matthew Novian

Telecommunication service providers should take adequate precautions to avoid enforcement actions from the CPUC or the AG. By implementing STIR and SHAKEN technologies by January 1, 2021, service providers can avoid liability under the Act.
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FCC Releases Public Notice on Soundboard Technology and List of Recommendations on Robocall Blocking
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Monthly TCPA Digest – September 2019

September 18, 2019 | Article

This issue covers recent TCPA-related activity at the FCC, a new partnership between attorneys general and major phone carriers, and the 11th Circuit’s Salcedo decision.
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FCC Reviews Reply Comments on Opt-Out Call-Blacking, Attorneys General and Carriers Join Forces to Fight Robocalls
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The Eleventh Circuit Departs from the Ninth Circuit in Holding That the Receipt of One Text Message Does Not Convey Article III Standing
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Monthly TCPA Digest – August 2019

August 14, 2019 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

This TCPA Digest reviews FCC anti-spoofing rules covering spoofing outside the U.S. directed at US consumers and an 11th Circuit decision that the FCC's solicited fax rule is invalid.
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The FCC unanimously adopted revised anti-spoofing rules, implementing part of the RAY BAUM’s Act, at its August meeting. The Second Report and Order extends the FCC’s Truth in Caller ID rules to encompass malicious spoofing activities originating outside the U.S. that are directed at consumers within the U.S. It also expands the scope of communications covered by the Truth in Caller ID rules beyond telecommunications services and interconnected voice over Internet Protocol (“VoIP”) services to include text messaging and alternative voice services, such as one-way VoIP services.
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Eleventh Circuit Confirms the FCC’s Solicited Fax Rule is Dead and Reverses Course on Interpretation of the Hobbs Act in TCPA Appeal
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FCC Opens the 2.5 GHz Band for 5G Wireless Services

August 6, 2019 | Blog | By Angela Kung, Christen B'anca Glenn

As part of its strategy to make additional mid-band spectrum available for Fifth Generation (“5G”) wireless services, the Federal Communications Commission (“FCC”) recently adopted a Report and Order that revises its rules for the 2.5 GHz band – the largest contiguous band of spectrum below 3 gigahertz – in a manner that will pave the way for the Commission to auction the spectrum for commercial use next year. 
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FCC Seeks Big Role in Telemedicine with New Fund

July 31, 2019 | Blog | By Russell Fox, Jonathan R. Markman

$100 million in Federal funds may soon become available to help healthcare providers cover the costs of broadband and connected care services. Earlier this month, the Federal Communications Commission (FCC) voted on a proposal, on which it will seek public comment, for a new “Connected Care Pilot Program,” and the comment period on that proposal has now begun. The proposed program would direct money to telehealth initiatives, especially for medically underserved populations like low-income families and veterans. The money would come from the Universal Service Fund (USF), which is an existing fund of fees paid by telecommunications service providers currently used for a variety of purposes.
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