Technology, Communications & Media

The next-generation of wireless technologies – known as 5G – is expected to revolutionize business and consumer connectivity, offering network speeds that are up to 100 times faster than 4G LTE, reducing latency to nearly zero, and allowing networks to handle 100 times the number of connected devices, enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Plaintiff Kenneth Johansen “admits that he believes that engaging in deception is appropriate behavior for a class representative,” observed the Southern District of Florida on its way to denying class certification in Johansen v. Bluegreen Vacations Unlimited, Inc., No. 9:20-cv-81076-RS, Dkt. No. 95 (S.D. Fla. Sept. 30, 2021). Mr. Johansen’s TCPA class action started like many others. He allegedly received calls from the defendant, engaged with the caller, and posed as an interested customer. He apparently verified information the caller had on file and requested additional information. He then allegedly received more calls before finally notifying a representative that his telephone number was registered on the National Do Not Call Registry. This conduct, concluded the Court, confirmed that Mr. Johansen was not a typical class member and demonstrated inadequacy.

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we discuss the FCC’s adoption of the FNPRM, a rule intended to help curb illegal robocalls originating outside of the United States, as well as the PSAP FNPRM, which seeks to protect the nation’s 911 emergency response centers from potentially debilitating robocalling attacks. In addition, we cover Sen. Richard Blumenthal’s recent request that the FCC take additional steps to block spam text messages and his support for its proposal to shorten STIR/SHAKEN implementation deadlines for certain providers.

TCPA Regulatory Update – Blocking Foreign-Initiated Robocalls, Safeguarding PSAP Phone Numbers, and Blocking Spam Texts

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

The Communications Act requires that the Federal Communications Commission collect regulatory fees to cover the costs of certain employees who directly provide benefits to payees. Should the FCC require that unlicensed users and/or equipment manufacturers pay annual regulatory fees? Or large technology companies? Those queries are teed up for public comment in a subsequent Notice of Proposed Rulemaking that is part of the Commission’s annual regulatory fee assessment proceeding.

Read about two proposed rulemaking items on the FCC’s September Open Meeting agenda involving the Do-Not-Call registry for 911 call centers and gateway providers, or the first U.S.–based provider in the call path of a foreign-originated call.

Read about the Sixth Circuit’s Lindenbaum v. Realgy decision, which rejected the Creasy v. Charter Communications federal court ruling that the TCPA was unconstitutional when it included the government debt exemption between November 2015 and July 6, 2020.

Our TCPA newsletter discusses proposed rulemaking items on the FCC’s September Open Meeting agenda involving the Do-Not-Call registry for 911 call centers and gateway providers for foreign-originated calls to the United States, and covers the 6th Circuit’s Lindenbaum v. Realgy decision rejecting the Creasy v. Charter Communications federal court ruling.

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Now, courts are applying Facebook’s holding to dispose of TCPA cases at summary judgment on the ATDS issue. See Timms v. USAA Federal Savings Bank, 2021 WL 2354931 (D.S.C. June 9, 2021); Barnett v. Bank of America, N.A., 2021 WL 2187950 (W.D. N.C. May 28, 2021).

Our TCPA newsletter covers the FCC’s adoption of processes to appeal a decision to revoke a VoIP provider’s STIR/SHAKEN Service Provider Code (SPC) and to limit the ability of interconnected VoIP providers to obtain phone numbers for customers directly from the Numbering Administrator and discusses how courts are applying Facebook to dispose of TCPA cases at summary judgment – a welcome development for TCPA defendants.

The STIR/SHAKEN implementation deadline has passed, but the fight against illegal robocalls is far from over. At the August Open Meeting, the FCC adopted two items which would refine the FCC’s processes and adopt new tools to fight illegal robocalls.

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Pursuant to the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED Act”) and FCC rules, the FCC must annually select a single registered consortium that conducts private-led efforts to trace back the origin of suspected unlawful robocalls.

Perdue for Senate, Inc., the Senate campaign committee for former U.S. Senator David Perdue (R-GA), petitioned the Federal Communications Commission (“FCC”) to issue a declaratory ruling asking the agency to clarify that delivering a voice message directly to a voicemail box through ringless voicemail (“RVM”) technology does not constitute a “call” under the Telephone Consumer Protection Act (“TCPA”) or FCC rules.

The FCC adopted rules establishing a new reporting system for private entities to alert the FCC Enforcement Bureau directly of suspected robocalling and spoofing campaigns.

America’s largest voice service providers are now using STIR/SHAKEN caller ID authentication standards on their Internet Protocol (“IP”) networks.

On June 25, 2021, a sharply divided U.S. Supreme Court issued a ruling, which may significantly impact the plaintiffs’ ability to pursue TCPA and other types of privacy class actions in federal courts. In TransUnion LLC v. Ramirez, Case No. 20-297, the Court opined that most of the plaintiffs failed to show a “concrete” injury and thus had no standing to pursue their claims because they did not suffer real, personal harm. Reaching beyond the specific facts of the case, this opinion bolstered the companies’ legal defense in federal privacy class actions.