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We are pleased to present our July edition of the Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).

This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.

In This Edition

Part I – TCPA: Regulatory Update

  • FCC Evaluates Comments Received in Several TCPA Proceedings

Part II – TCPA: Class Action Update

  • Post ACA International, the TCPA’s Autodialer Definition Is Restricted to a Device’s Current Functions

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Authors

Joshua Briones

Member / Managing Member, Los Angeles Office

Joshua Briones is a commercial litigator who defends consumer class actions for Mintz. He's represented clients in a wide range of industries, including financial services, life sciences, manufacturing, and retail, in cases involving false advertising, unfair trade practices, and other claims.
Russell H. Fox is a wireless communications attorney at Mintz. He guides clients through federal legislative, regulatory, and transactional matters. Russell also participates in FCC proceedings, negotiates spectrum agreements, and represents clients in spectrum auctions.

Alexander Hecht

ML Strategies - Executive Vice President & Director of Operations

Alexander Hecht is Executive Vice President & Director of Operations of ML Strategies, Washington, DC. He's an attorney with over a decade of senior-level experience in Congress and trade associations. Alex helps clients with regulatory and legislative issues, including health care and technology.

Radhika Bhat

E. Crystal Lopez is a Mintz Associate who focuses her practice on class action defense, with an emphasis on consumer fraud, data privacy, marketing, and compliance issues claims. She has defended corporate clients against class actions at all stages of litigation.

Esteban Morales

Associate

Esteban Morales is a Mintz litigator who handles class action defense and financial services litigation for companies of all sizes. He defends clients targeted in class action suits, and the results include dismissals at the pleading stage. Esteban practices in Mintz's Sports Law Practice.
Nicole V. Ozeran is a litigator in Mintz’s complex Corporate Litigation Group, where her practice focuses on consumer fraud, online and telephone marketing, false advertising, and regulatory and statutory compliance issues. She's also part of the Consumer Privacy and TCPA Class Action Defense Group.
Natalie A. Prescott is a Mintz attorney and Certified Information Privacy Professional. She defends clients in high-stakes product liability matters, UCL § 17200 and false advertising cases, mass torts, and consumer class actions. Natalie also handles MDL proceedings and product liability litigation.

Elana R. Safner

Associate

Elana R. Safner is an attorney who advises Mintz clients on public policy, regulatory issues, and disputes affecting the communications sector. Elana also handles privacy and cybersecurity matters. She has CIPP certification from the International Association of Privacy Professionals.