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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 Regulatory Update, we discuss comments of support and disagreement filed by multiple industry groups in response to the FCC’s rulemaking proceeding aimed at shoring up the nation’s telecommunications networks against unlawful robocalls.

In our Litigation Update, we explore two recent TCPA decisions. In Fluker v. Ally Financial, Inc., the Sixth Circuit delivered a clear message to litigants pursuing claims under the TCPA: high call volume alone is not enough. And in fallout from the Supreme Court’s decision in McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., the Central District of Illinois has held that text messages do not trigger internal and national Do Not Call 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

Regulatory Update

Litigation Updates

 

 

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Authors

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.
Joshua Briones

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.
Danielle Frappier is a Member at Mintz and a go-to advisor for communications and technology companies on a broad spectrum of complex domestic and international regulatory compliance, licensing, policy, and transactional matters. She has a particular focus on working with entities providing broadband internet access and voice services in novel ways.
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.
John E. Miles

John E. Miles

Associate

John Eagle Miles Jr. is an Associate at Mintz who focuses his practice on telecommunication matters involving broadband and internet services and 5G networks. He has experience assisting with FCC matters and conducting research on emerging technology issues, including artificial intelligence.
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.
Nadia A. Zivkov is an Associate at Mintz who advises and represents clients in a broad spectrum of litigation matters in state and federal courts, including disputes involving complex commercial issues, securities, real estate, and antitrust claims. Nadia works with public and private companies in a variety of sectors, with a particular focus on the consumer finance, pharmaceuticals, and oil industries.