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Monthly TCPA Digest – November 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, in addition to covering the FCC’s continuing work to review comments submitted on past petitions and discussions with stakeholders regarding ongoing TCPA proceedings, we report on a new Petition for Declaratory Ruling, filed by Capital One, which asks if the company may use a confirmation text to clarify the scope of a recipient’s opt-out request. The FCC’s response to this question will interest many businesses that use text messages to reach out to their customers.

In our Class Action Update, we discuss the impact of the Ninth Circuit’s 2018 Marks ruling — considered groundbreaking because it appeared to expand the definition of what constitutes an Automatic Telephone Dialing System (ATDS) — on recent TCPA-related decisions in the Ninth Circuit.

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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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.
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.