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Monthly TCPA Digest — October 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 discuss the FCC’s adoption of two Further Notices of Proposed Rule Making, the first proposing rules intended to curb illegal robocalls originating outside of the United States, and the second designed to protect the nation’s 911 emergency response centers from potentially crippling robocalling attacks. In addition, we cover Sen. Richard Blumenthal’s recent request that the FCC take additional steps to block spam text messages and his support for its proposal to shorten STIR/SHAKEN implementation deadlines for certain providers.

In our Litigation Update, we discuss the Southern District of Florida’s denial of class certification in a case where the plaintiff allegedly engaged with the caller, posed as an interested consumer, requested more information, and received additional calls before finally notifying a representative that his telephone number was registered on the National Do Not Call Registry. The court’s rebuke of claim-generating conduct should be encouraging news for would-be 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

Blocking Foreign-Initiated Robocalls, Safeguarding PSAP Phone Numbers, and Blocking Spam Texts

Part II – TCPA Litigation Update

No Payday for Deceptive Conduct

 

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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.