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 GoDaddy.com 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