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
Former Senate Candidate Seeks Declaratory Ruling on Ringless Voicemail
STIR/SHAKEN and Robocall Mitigation Database Implementation Take Effect
Strong Support for USTelecom to Remain Leader of Registered Traceback Consortium
FCC Adopts Rules for Private Entity Robocall Reporting and Releases Second Call Blocking Report
Part II – TCPA Litigation Update