Technology, Communications & Media

TCPA Litigation Update — Eleventh Circuit Rejects Incentive Awards, District of New Jersey Court Refuses to Adopt Reasoning

TCPA Regulatory Update — FCC Releases Public Notice on Filing for Voluntary STIR/SHAKEN Implementation Exemptions for Early Implementers & Reviews Comments on Section 8 of the TRACED Act

This issue covers Johnson v. NPAS Sols., LLC, a class action in which the 11th Circuit invalidated the use of incentive awards for named plaintiffs, a decision that could discourage the filing of TCPA class actions nationwide. The newsletter also provides early implementers with tips on filing for voluntary STIR/SHAKEN implementation exemptions.

Russell Fox and Angela King discuss the FCC’s announcement that it is accepting applications for the Connected Care Pilot Program, which will make $100 million available to help health care providers defray the costs of connected care services.

Read about the FCC’s ongoing implementation of the TRACED Act aimed at reducing robocalls, including a proposed rulemaking process seeking comment on TCPA exceptions.

Mintz’s October TCPA Digest covers Creasy v. Charter Communications, Inc., a federal district court ruling that deems autodialed calls and text messages made during the past five years unconstitutional under the TCPA, and recent TCPA-related activity at the FCC.

Read about the federal district court ruling in Creasy v. Charter Commc’ns, Inc., which held that the TCPA was unconstitutional from 2015 to 2020.

Mintz’s September TCPA Digest covers the FCC’s draft order implementing STIR/SHAKEN and briefing in the Facebook, Inc. v. Duguid US Supreme Court case about the definition of an automatic telephone dialing system under the TCPA.

In the Facebook, Inc. v. Duguid US Supreme Court case about the definition of an automatic telephone dialing system under the TCPA, the US government filed a brief in support of Facebook’s position.

Read about the FCC’s draft order implementing STIR/SHAKEN that would establish extension deadlines and require certification in a commission database.

On September 3, 2020, the FCC released a Public Notice providing additional guidance to prospective applicants who may wish to seek funding under the FCC’s Connected Care Pilot Program for connected care services.  As we previously reported, that program will make $100 million available over three years to help defray health care providers’ costs of providing connected care services, with a particular emphasis on supporting those services for low-income Americans and veterans.

Read about the 6th Circuit's decision to side with the 9th and 2nd Circuits in holding that devices that merely store and dial telephone numbers are automatic telephone dialing systems under the TCPA.

Mintz’s August TCPA Digest covers the 6th Circuit's holding on the definition of an ATDS under the TCPA and the FCC’s clarification of its ruling that TCPA’s emergency purposes exception applies to communications about COVID-19.

Read about a clarification of the FCC’s ruling that that TCPA’s emergency purposes exception applies to communications about the COVID-19 pandemic and a petition seeking reconsideration of the P2P Alliance ruling.