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Monthly TCPA Digest — October 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 an FCC Notice of Proposed Rule Making seeking comment on a proposal to require mobile providers to block illegal text messages and apply caller ID authentication technology to text messages. We also cover first-of-their-kind Orders issued by the Commission’s Enforcement Bureau that start the process of removing seven voice service providers from the Robocall Mitigation Database for failing to take required robocall mitigation steps. Finally, we report on an FCC Notice of Inquiry, which, if adopted, would broadly seek comment on the non-IP technology in the nation’s phone networks and how it impacts the Commission’s work to stop illegal robocalls.

In our Litigation Update, we explore the Fourth Circuit’s decision to hear an appeal of a West Virginia federal court’s certification of a class in a TCPA case without consideration of the defendant’s Established Business Relationships (EBRs) with the named plaintiffs. While the Vance v. DirecTV appeal is pending, parties defending TCPA class actions in the Fourth Circuit may want to consider filing motions to stay cases filed against them.

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.