Monthly TCPA Digest — February 2022

By Russell H. Fox, Joshua Briones, Jonathan P. Garvin, Adam B. Korn, Esteban Morales

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 a proposed Declaratory Ruling circulated by FCC Chairwoman Rosenworcel that would require callers to obtain consent from consumers before delivering “ringless voicemail” messages directly to their voicemail mailboxes. We also discuss the FCC Enforcement Bureau’s cease-and-desist letters to Great Choice Telecom and TCA Voip, resulting from their alleged transmission of illegal robocalls.

In our Litigation Update, we look at what constitutes a “voice” post-Facebook. While some plaintiffs have argued that a text message can be considered a “voice” under TCPA and may thus constitute a TCPA violation, a district judge in the Central District of California recently concluded that the argument defies common sense.

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

Chairwoman Rosenworcel Circulates Declaratory Ruling on Ringless Voicemails

FCC Enforcement Bureau Sends More Cease-And-Desist Letters
 

Part II – TCPA Litigation Update

What Is a “Voice” Post-Facebook?

 
 

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Authors

Russell H. Fox

Member

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 P. Garvin

Associate

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.

Adam B. Korn

Esteban Morales

Member

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.