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Monthly TCPA Digest — August 2021

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we cover the FCC’s adoption of two items at its August Open Meeting. The first item, a Report & Order, establishes a process for appealing a Governance Authority decision to revoke a voice service provider’s STIR/SHAKEN Service Provider Code (SPC). The second item is a Further Notice of Proposed Rulemaking (FNPRM) on Voice over Internet Protocol (VoIP) numbering policy. With this FNPRM, the FCC proposes to adopt guardrails that limit the ability of interconnected VoIP providers to obtain phone numbers for customers directly from the Numbering Administrator.

In our Litigation Update, we look at how courts are applying April’s landmark Facebook ruling to dispose of TCPA cases such as Timms v. USAA Federal Savings Bank and Barnett v. Bank of America at summary judgment and discuss what this development may mean for TCPA defendants.

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

FCC Adopts Two Items, Continues to Tackle Robocalls at August Open Meeting

Part II – TCPA Litigation Update

Courts Dispose of TCPA Claims at Summary Judgment Post-Facebook

 

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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.
E. Crystal Lopez is a Mintz Associate who focuses her practice on class action defense, with an emphasis on consumer fraud, data privacy, marketing, and compliance issues claims. She has defended corporate clients against class actions at all stages of litigation.

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.

Matthew Novian

Associate

Matthew J. Novian is a Mintz attorney who handles complex commercial litigation, including consumer protection matters. In his active pro bono practice, he counsels clients on matters related to immigration and domestic violence.