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TCPA Litigation Update — Breaking: U.S. Supreme Court Agrees to Decide Whether TCPA Exception Is Unconstitutional

January 14, 2020 | Article | By Joshua Briones, Natalie Prescott, Esteban Morales, Elana R. Safner

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.
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TCPA Legislative Update — President Signs Pallone-Thune TRACED Act into Law

January 14, 2020 | Article | By Russell Fox, Elana R. Safner

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.
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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.
Read more
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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.
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FAA Proposes New UAS (Drone) Identification Rules

January 2, 2020 | Alert | By Laura Stefani

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.
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What's New in 5G - December 2019

December 19, 2019 | Blog | By Russell Fox, Angela Kung, Christen B'anca Glenn

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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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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 – 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 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 – 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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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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