TCPA & Consumer Calling Digest – October 2018

By Joshua Briones, Russell H. Fox, Alexander Hecht, Radhika U. Bhat, E. Crystal Lopez, 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).

In this issue, we look at FCC Public Notice and comment periods concerning several important provisions of the TCPA. The FCC is seeking comment on what constitutes an automatic telephone dialing system (“ATDS”) in response to the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, which broadly defined an ATDS. The agency is also reviewing comments on provider-initiated call blocking technologies and requesting comments on whether the emergency purposes exemption to the TCPA’s prior consent requirement applies to motor vehicle recalls. In addition, we examine recent court decisions holding that under the TCPA, consumers cannot unilaterally revoke consent to be contacted by telephone after providing consent in a bilateral contract.

If you have suggestions for topics you’d like us to feature in this newsletter, or any questions about the content in this issue, please feel free to reach out to an attorney on Mintz’s TCPA and Consumer Calling Practice Team. You can click here to subscribe to the Monthly TCPA Digest.

In This Edition
 

Part I – TCPA Regulatory Update 
FCC Seeks Comments on Several TCPA Provisions


Part II – TCPA Class Action Update 
Trending: Courts Holding Plaintiffs to Their Word

 

 

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TCPA Regulatory Update – FCC Seeks Comments on Several TCPA Provisions

October 22, 2018| Article|

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TCPA Class Action Update – Trending: Courts Holding Plaintiffs to Their Word

October 22, 2018| Article|

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

Member

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

Associate

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

Member

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.