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We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in our Regulatory Update, we cover FCC efforts to meet Congressionally imposed TRACED Act deadlines. Since late December, the FCC has implemented several measures to combat illegal robocalls, including adopting an Order addressing the exemption of calls from the TCPA’s prior express consent requirement. It also adopted an Order imposing new obligations on voice service providers, which include implementing measures to prevent new and renewing customers from originating illegal calls on a provider’s network, requiring providers to respond to traceback requests, redressing improperly blocked calls, and taking a number of other important steps to address illegal robocalls and spoofing. That Order also expanded the existing safe harbor to permit network-based blocking, as long as certain criteria are met. The FCC also took other robocall-related actions discussed further in the Regulatory Update.

In this month’s Litigation Update, we report on the circuit split that has developed since the controversial Creasy v. Charter Communications ruling, in which the Eastern District of Louisiana district court concluded that, following the Barr v. AAPC decision, the courts lack authority to enforce the TCPA.

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

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.

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.

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.
Jonathan Garvin is an attorney at Mintz who focuses on legal challenges facing companies in the communications and media industries. He advises clients on transactional, regulatory, and compliance issues before the FCC involving wireless, broadband, broadcast, and cable matters.
Nicole V. Ozeran is a litigator in Mintz’s complex Corporate Litigation Group, where her practice focuses on consumer fraud, online and telephone marketing, false advertising, and regulatory and statutory compliance issues. She's also part of the Consumer Privacy and TCPA Class Action Defense Group.