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Monthly TCPA Digest – March 2019

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).

This month we look at the question of who qualifies as a “sender” under the TCPA’s Junk Faxes Rule. In a TCPA petition, Akin Gump Strauss & Feld LLP argues that companies advertising in unsolicited faxes are often the victims of unscrupulous fax broadcasters and therefore shouldn’t be considered TCPA-liable senders. The FCC is seeking comments.  

We also look at the progress of the HANGUP Act, designed to hold government agencies and contractors to the same robocalling and robotexting standards as businesses, and the new TRACED Act, which would amend the TCPA to give the FCC more enforcement powers, increase civil penalties, and require providers to adopt SHAKEN/STIR call authentication protocols. 

In our Class Action Update, we consider whether the 2017 Bristol-Meyers mass-tort ruling limiting state-court jurisdiction also applies to class actions. Whole Foods says it does, and the court’s decision could affect many future class action cases.

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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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.

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.

Radhika Bhat