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Monthly TCPA Digest — July 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 month’s Regulatory Update, we report on a highly anticipated development at the FCC: the agency’s adoption of safe harbors for voice service providers. One safe harbor protects phone companies from liability if they use reasonable analytics – based in part on STIR/SHAKEN authentication – to identify and block illegal or unwanted robocalls. The other safe harbor protects providers who block call traffic from bad actors under certain conditions. The FCC also released several smaller but noteworthy updates and clarifications.

In our Litigation Update, we look at Garner Props. & Mgmt., LLC v. Marblecast of Mich., Inc., a TCPA fax case. The court’s ruling that sender liability turns on knowledge is a welcome clarification for defendants, who continue to see helpful developments in TCPA fax litigation. 

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 Regulatory Update

Part II – TCPA Litigation 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.

Esteban Morales

Associate

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.

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.