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Monthly TCPA Digest — May 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 discuss the FCC’s plan to consider a proposal to speed up STIR/SHAKEN implementation for small voice service providers. The Commission would propose to move the implementation deadline from June 30, 2023 to June 30, 2022 for small voice service providers deemed most likely to generate unlawful robocall traffic. We also cover the FCC’s Public Notice seeking comment on a proposed protective order for confidential information submitted to its Robocall Mitigation Database (RMD). As part of its efforts to implement the TRACED Act and combat illegal robocalls, the FCC is seeking to address potentially sensitive information submitted to the RMD by voice service providers certifying compliance with FCC STIR/SHAKEN requirements or detailing other efforts to stop illegal robocall traffic on their networks.

In this issue’s Litigation Update, we look at the Sixth Circuit’s recent affirmation that TCPA doesn’t impose strict liability on a company simply because its products wind up on an unsolicited fax advertisement. The court confirmed that a company must have some knowledge that an unsolicited fax has been sent in order to incur liability for violating 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.
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.

Kara M. Cormier

Associate

Kara M. Cormier is a Mintz attorney who focuses her practice on complex commercial litigation. She handles civil disputes involving breach of contract, trademark infringement, counterfeiting, and unfair competition claims, as well as other state and federal laws.