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Monthly TCPA Digest — April 2020

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, we cover a deepening circuit split on what qualifies as an Automatic Telephone Dialing System under the TCPA. Earlier this month — in a decision that opposes the Third, Seventh, and Eleventh Circuits — the Second Circuit joined the Ninth Circuit in holding that equipment that merely stores and dials telephone numbers constitutes an ATDS even if the list of numbers it dials was not randomly or sequentially generated. We also discuss the Seventh Circuit’s holding that DISH Network can be held liable for 66 million unwanted and illegal telemarketing calls made by agents working on its behalf, and remanding the case to the district court to recalculate — and potentially increase — damages. Read more in our Litigation Update.

In our Regulatory Update, we discuss a petition filed by financial institutions with the FCC, which seeks a ruling, similar to the FCC’s recent ruling for health care providers, that the TCPA’s emergency purposes exception allows them to make calls and send texts related to the COVID-19 pandemic without prior express consent from recipients. Additionally, we discuss the FCC’s actions adopting the STIR/SHAKEN mandate and confirming the repeal of the Solicited Fax Rule.

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.

 

In This Edition

Part I – TCPA Litigation Update

Part II – TCPA Regulatory 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 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.
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.

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.