Technology, Communications & Media

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.

On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit upheld a $61 million class action judgment against Dish Network for its violation of the Telephone Consumer Protection Act. Krakauer v. Dish Network, Case No 18-1518 (4th Cir. May 30, 2019). The lead plaintiff, Thomas Krakauer, submitted his phone number to the national Do Not Call Registry in 2003 but was still called by Dish’s vendor, Satellite System Networks (SSN). This judgment sounds a warning to all companies: if you contract with third-party vendors for marketing purposes, seek assurances and closely monitor the vendor’s compliance with applicable federal regulations. Otherwise, you may be on the hook.

This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.

Read about the Fourth Circuit’s American Association of Political Consultants decision, which struck down the federal debt collection exemption to the TCPA.

This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.

The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any TCPA items at the Commission’s April open meeting.

Following last month’s letter from the attorney generals of all 50 states, Congress has continued to push forward on robocall legislation. On April 3, the Senate Commerce Committee held a markup, which featured the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

TCPA Legislative Update: TRACED and HANGUP Acts Target Robocalls

This month we consider who qualifies as a “sender” under the Junk Faxes Rule, provide an update on the HANGUP and TRACED bills, and review a Whole Foods case that asks whether the Bristol-Meyers ruling applies to class actions.

TCPA Class Action Update: Whole Foods Seeks Guidance from the US Court of Appeals for the DC Circuit: Does Bristol-Myers Apply to Class Actions?