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Monthly TCPA Digest — April 2021

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In our Regulatory Update, we cover the FCC’s record $225 million fine against a pair of robocallers that made false claims about health insurance offers and its cease-and-desist letters to eight voice providers for transmitting illegal robocall traffic. We also discuss a joint statement by a bipartisan group of Congressional lawmakers expressing concern about the U.S. Supreme Court’s ruling in Facebook v. Duguid, which held that in order to meet the TCPA’s definition of an automatic telephone dialing system (ATDS), a device must be able to store or produce telephone numbers using a random or sequential number generator. In addition, we look at an FCC Order requiring compliance with various provisions of the TRACED Act, which aims to reduce unwanted and illegal robocalls, including Section 10 and a mandate requiring voice service providers to notify callers immediately when calls are blocked.

In this month’s Litigation Update, we report on a post-Facebook TCPA case in the U.S. District Court for the District of Colorado involving an ATDS. In Montanez v. Future Vision Brank Bank, LLC, a U.S. magistrate judge recommended against dismissing a case involving text messages sent with technology with the capacity to store and dial telephone numbers using a random or sequential generator even though none of the messages “were addressed specifically” to the plaintiff.

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.
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.

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.