Telephone and Texting Compliance News — December 2023

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s newsletter, we summarize recent updates that the FCC made to its Report and Order on robotexting. Specifically, we examine two new additions to the Report and Order: First, the FCC explicitly rejected a proposal by certain industry stakeholders that would have permitted lead generators to obtain consent through a hyperlinked list of sellers; and second, the FCC extended the implementation period from six months to one year for businesses to make necessary changes to ensure the consent they obtain complies with the new rules.

The Report and Order also requires terminating providers to block text messages from certain numbers upon notification from the Enforcement Bureau. In the newsletter, we analyze the implications that this has on terminating providers.

In our Litigation Update, we examine the decision in both Sowders v. Scratch Financial, Inc. and Klassen v. Solid Quote as a helpful reminder that TCPA defendants should scrutinize proposed class definitions and challenge them when appropriate as a way to gain leverage and narrow the number of proposed class members.

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

Regulatory Update

Litigation Update

 

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Telephone and Texting Compliance News — November 2023

November 30, 2023| Article|

Authors

Russell H. Fox

Member

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 P. Garvin

Associate

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

Member

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.