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Telephone and Texting Compliance News — November 2022

We are pleased to present our latest Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we discuss an FCC Enforcement Bureau Public Notice to all U.S.-based voice service providers regarding Urth Access, LLC, an originator of student-loan-related robocalls. The so-called K4 Notice informed service providers that they may block voice calls or cease accepting traffic from Urth without liability and that they could face enforcement action for continuing to accept or facilitate traffic from Urth. This enforcement action could include removal from the Robocall Mitigation Database, which would bar intermediate and terminating providers from accepting traffic from the removed voice services providers. The Enforcement Bureau also issued a cease-and-desist letter directing Urth to stop transmitting illegal traffic and take steps to prevent its network from being a source of illegal robocalls. The agency also adopted a Notice of Inquiry seeking information on the non-IP technology in the nation’s phone networks.

In our Litigation Update, we cover a Ninth Circuit decision eliminating potential ambiguity concerning the definition of an automatic telephone dialing system (ATDS) in the TCPA. In Borden v. E-Financial, LLC, the Ninth Circuit held that under the TCPA's plain text, an ATDS must generate telephone numbers randomly or sequentially. A system that dials numbers from a pre-existing list, even if the pre-existing list is sorted randomly or sequentially, would not qualify.

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 – Regulatory Update

Part II – 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.

Matthew Novian