Technology, Communications & Media

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.

Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.

This article covers the FCC’s January 30, 2020 release of a draft Order that would establish final rules for the Rural Digital Opportunity Fund, an initiative to help close the digital divide.

Read about the FAA’s proposed rules related to remote identification for Unmanned Aircraft Systems, or drones, which would affect operators, manufacturers, and companies that collect flight information.

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."

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.

Read about two recent court decisions allowing fraud claims to proceed against serial TCPA plaintiffs.

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.

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.

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.

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.

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.

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.

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.

FCC Releases Public Notice on Soundboard Technology and List of Recommendations on Robocall Blocking

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.

FCC Reviews Reply Comments on Opt-Out Call-Blacking, Attorneys General and Carriers Join Forces to Fight Robocalls

The Eleventh Circuit Departs from the Ninth Circuit in Holding That the Receipt of One Text Message Does Not Convey Article III Standing

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.