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Monthly TCPA Digest — August 2022

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 a Public Notice issued by the FCC’s Wireline Competition Bureau (WCB) seeking comment on two recurring obligations relating to the FCC’s caller ID authentication rules, which were both imposed by the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The WCB seeks comment on extensions for the implementation of STIR/SHAKEN call authentication technology that it granted in 2020 and the efficacy of STIR/SHAKEN at eliminating unlawful calls. We also cover a Memorandum of Understanding between the FCC and the Canadian Radio-television and Telecommunications Commission (CRTC) that calls for the two agencies to provide mutual assistance in their robocall enforcement activities.

In our Litigation Update, we report on the Eleventh Circuit’s holding in Drazen v. Pinto, which held that every class member must have Article III standing — by having suffered an injury — in order for plaintiffs to recover individual damages in a TCPA class action. The court vacated and remanded the case to the Southern District of Alabama, which had approved the settlement of the claims against and concluded that only the named plaintiffs were required to have standing. The decision should give parties pause when electing to litigate and settle TCPA cases in the Eleventh Circuit.

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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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.
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.