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Monthly TCPA Digest — July 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 look at whether ringless voicemail (“RVM”) technology constitutes a “call” under current TCPA and FCC rules following the latest petition filed by Perdue for Senate, Inc. earlier this month. We also cover the status of the FCC’s Robocall Mitigation Database now that the FCC has, as of July 1, 2021, implemented the STIR/SHAKEN caller ID authentication standards that it announced in a March 2020 Report and Order. In addition, we report on the strong support shown for the USTelecom Industry Traceback Group after ZipDX submitted a letter of intent to be designated as the registered traceback consortium. Finally, we continue our discussion on the FCC’s online portal for submitting information on suspected robocalling and spoofing campaigns. In addition to adopting rules for the newly established reporting system, the Consumer and Government Affairs Bureau (CGB) issued its Second Robocall Blocking Report, noting improvements in quality and quantity of call blocking and labelling services.

In this issue’s Litigation Update, we cover the June 25th ruling by the U.S. Supreme Court that the plaintiffs failed to show “concrete” personal injury and thus had no standing in TransUnion LLC v. Ramirez. While the 2016 Supreme Court case, Spokeo v. Robins, ruled that plaintiffs must allege a concrete injury and tangible losses in order to sue for a statutory violation, Ramirez will impact the plaintiffs’ ability to pursue TCPA and other types of privacy class actions in federal courts.

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.
Natalie A. Prescott is a Mintz attorney and Certified Information Privacy Professional (CIPP/US). She defends clients in high-stakes business litigation matters, privacy class actions, UCL § 17200 cases, mass torts, and consumer class actions. She also assists clients with issues relating to the CCPA, data breaches, biometrics, and privacy policies.