Monthly TCPA Digest – January 2019

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 examine several FCC releases and filings made in late December, before the agency suspended operations due to the ongoing partial government shutdown. Most notably, we review the agency’s call for comments on a petition seeking clarification of the meaning of “telemarketing” and “dual purpose” under the TCPA. We also cover recent petitions to the agency, including one seeking a ruling about the use of soundboard technology, which allows callers to communicate with consumers through prerecorded messages with the option to speak directly to consumers. In addition, we discuss a recent Eighth Circuit holding for an insurance company in a multimillion-dollar TCPA class action. Based primarily on the carrier’s careful record-keeping practices, the court held that the company was entitled to the presumption that its insured received notice of the TCPA policy exclusion.

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 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

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.