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Telephone and Texting Compliance News — December 2022

We are pleased to present our latest Telephone Calling and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we provide an overview of robocall mitigation plan compliance deadlines for U.S.-based intermediate providers that serve as the entry point for foreign calls into the United States, or so-called gateway providers, and other voice service providers. We also cover several recent FCC enforcement actions to combat illegal robocalling. These include the FCC’s first removal of a non-compliant provider, Global UC Inc., from the robocall mitigation database and an Order requiring all U.S. voice service providers to investigate and take steps to block a student loan scam calling campaign. The FCC also issued a series of first-of-their-kind Notices of Apparent Liability (“NALs”), proposing fines against 12 local exchange carriers for failure to comply with the Reassigned Numbers Database.

In our Litigation Update, we discuss several recent circuit court decisions on TCPA issues. At the Eleventh Circuit, the court halted the appeal in Evans v. Ocwen Loan Servicing, LLC, citing the unknown standing of some of the plaintiffs to bring automatic telephone dialing system (ATDS) claims. Separately, in Johansen v. Bluegreen Vacations Unlimited, Inc., the court brought a professional plaintiff’s TCPA claim to a halt. In the Ninth Circuit, the court remanded a key case about insurance coverage of TCPA claims, Yahoo! Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pennsylvania.

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.
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.

Adam B. Korn