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Monthly TCPA Digest — May 2020

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this edition, we report on the Supreme Court’s oral argument in Barr v. American Association of Political Consultants, during which the justices reviewed whether to strike down the TCPA’s autodialer restriction, as AAPC requested, or to sever the statute’s exception for the collection of government debt. The Fourth and Ninth Circuit Courts of Appeal resolved this question by severing the government-debt exception and leaving the remainder of the TCPA intact. While taking up Barr v. AAPC, the Court postponed decisions on whether to hear two petitions that ask the Court to resolve a nationwide circuit split on the definition of an Automatic Telephone Dialing System (ATDS) under the TCPA.

In our Regulatory Update, we review a number of FCC efforts to implement anti-robocall provisions of the TRACED Act, which was signed into law on December 30, 2019. These actions include a Public Notice soliciting Letters of Intent from parties interested in designation as the official traceback consortium, and proposed rules to combat one-ring scam calls designed to prompt return calls that incur charges. The FCC also issued an Order making changes to the TCPA, including one enabling the agency to proceed with enforcement actions against robocallers outside its jurisdiction without issuing a prior warning. In addition to TRACED-related activity, the FCC issued a Public Notice establishing guidelines for the operation of a Reassigned Numbers Database.

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.

Matthew Novian

Associate

Matthew J. Novian is a Mintz attorney who handles complex commercial litigation, including consumer protection matters. In his active pro bono practice, he counsels clients on matters related to immigration and domestic violence.

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.