Monthly TCPA Digest – December 2018

By Joshua Briones, Russell H. Fox, Alexander Hecht, Radhika U. Bhat, Anne-Marie D. Dao, Elana R. Safner, Jennifer L. Kelly, E. Crystal Lopez, Esteban Morales, Nicole V. Ozeran, Natalie Prescott

Monthly TCPA Digest – December 2018

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).

Our lead story in this issue examines recent FCC developments, including the agency’s order to establish a single, comprehensive reassigned numbers database that will enable a caller to verify whether a particular consumer is still associated with a number the caller has on file as of a certain date. We also cover recently introduced Congressional bills focused on combatting robocalls. The bills, which are likely to be reintroduced at the start of the next Congress, would levy harsher penalties for the use of automatic dialing devices and end exemptions that common carriers get from the Federal Trade Commission (FTC). In addition, we discuss a recent district court ruling reminding defendants that individualized questions of consent defeat class certification in TCPA class action suits.

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


Part II – TCPA Legislative Update


Part III – TCPA Class Action Update

 

 

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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

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

Anne-Marie D. Dao

Associate

Anne-Marie D. Dao represents clients in intellectual property, complex commercial, real estate, and class action defense matters. Her litigation experience on behalf of Mintz clients includes trademark infringement, copyright infringement, and lease disputes.

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.

Jennifer L. Kelly

ML Strategies - Manager of Government Relations

Jennifer L. Kelly is a Manager of Government Relations at ML Strategies. Prior to joining ML Strategies, Jenny worked as a legislative assistant at a prominent international law firm.

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

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

Associate

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 Prescott

Associate

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.

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