Technology, Communications & Media

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.

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.

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.

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.

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

Eleventh Circuit Confirms the FCC’s Solicited Fax Rule is Dead and Reverses Course on Interpretation of the Hobbs Act in TCPA Appeal

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.

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.

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. 

$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.

This issue covers recent TCPA-related FCC activity, pending robocall legislation, and a class action ruling in the Eight Circuit upholding a significant reduction in TCPA damages.

All too often, plaintiffs alleging TCPA violations premised on faxes take the position that although a fax is not an advertisement on its face, it clears the advertisement hurdle because of an underlying profit motive. That’s a no-go confirmed the Third Circuit. Mauthe v. Optum Inc., No. 18-2894, 2019 U.S. App. LEXIS 15742 (3d Cir. May 28, 2019).

On May 23, the Senate passed the TRACED Act (S. 151) by an overwhelming bipartisan vote of 98-1. This bill, led by Sens. John Thune (R-SD) and Ed Markey (D-MA), and supported by all 50 state attorneys general, would force phone companies to identify spam calls to consumers, extend the statute of limitations to prosecute those illegally robocalling consumers, and increase fines for robocalls to up to $10,000 per illegal call. In a statement following its passage, FCC Chairman Ajit Pai praised the legislation saying, “This is a vital partnership in the fight against unwanted robocalls and one we already are working hard at. It’s important that federal and state partners work together – and engage productively with private stakeholders – to address this important consumer protection priority.”

This TCPA Digest covers an FCC rule allowing default call blocking services and a 4th Circuit ruling upholding a $61M judgment against Dish Network for a third-party agent's actions.