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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 first-of-its-kind FCC Enforcement Bureau Order directing all U.S.-based voice service providers to take immediate steps to mitigate suspected illegal robocall traffic from a group of robocallers. The Order calls for the providers to block traffic or terminate their business relationship with the robocallers — and to block all traffic from a number of originating providers that failed to respond to a previous FCC warning calling for them to stop carrying the robocallers’ traffic. Additionally, we report on legislation introduced in Congress to expand the scope of the TCPA. The Robotext Scam Prevention Act would amend the TCPA to cover text messages and expand the statutory definition of an automatic telephone dialing system (ATDS) to include a wider variety of devices used to automatically dial or text phone numbers. It would also provide a safe harbor enabling providers to use an ATDS to call or text a consenting person at a new number, as long as the caller uses the Commission’s Reassigned Number Database.

In our Litigation Update, we discuss how the Robotext Scam Prevention Act could undo judicial decisions that significantly limited the application of the TCPA to live calls and text messages. In its 2021 decision in Facebook, Inc. v. Duguid, the Supreme Court held that an ATDS must have the ability to store or produce a telephone number using a random or sequential number generator. The Eighth Circuit and Ninth Circuit, along with many district courts, have since rejected ATDS claims. Passage of the bill would result in major changes for both businesses and consumers.

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.
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.

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.

Adam B. Korn

Associate

Adam B. Korn is a litigator at Mintz whose practice encompasses a wide range of complex commercial matters, with an emphasis on consumer fraud, contract disputes, and product liability defense.
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.