Monthly TCPA Digest — September 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 report on an FCC Enforcement Bureau announcement that the USTelecom-led Industry Traceback Group (ITG) would continue as the registered traceback consortium. The announcement cited ITG’s “diversity of voice service providers representing all sectors of the telephone calling ecosystem.” We also cover Chairwoman Rosenworcel’s announcement that the FCC and the Body of European Regulators for Electronic Communications have signed an updated Memorandum of Understanding (MOU). The new MOU, which is not publicly available, includes a focus on combatting unwanted robocalls and the promotion of 5G and other next-generation communications technologies.
In our Litigation Update, we discuss a Florida federal district court ruling on the Florida Telephone Solicitation Act (FTSA), which is significantly more restrictive than the TCPA because it contains a broad definition of “autodialer.” In Davis v. Coast Dental, the court held that receipt of an unsolicited marketing call is not enough, standing alone, to state a claim under the FTSA. Going forward, defendants can rely on Davis in a motion to dismiss FTSA allegations. They may also be able to use the case as leverage to avoid motion practice and reach early resolution of frivolous claims.
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
- USTelecom-Led Traceback Group to Continue as Commission’s Registered Consortium
- Commission Signs Updated European MOU with a Focus on Robocalling
Part II – TCPA Litigation Update