Telephone and Texting Compliance News — December 2025

By Russell H. Fox, Esteban Morales, Danielle Frappier, Jonathan P. Garvin, Nadia A. Zivkov, John E. Miles

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 cover the FCC’s latest move to tighten direct number access rules for VoIP providers and its call for public input on additional safeguards. We also highlight the FCC’s broader shift toward a proactive robocall mitigation strategy and explore what future restrictions could mean for VoIP providers and their customers.

In our Litigation Update, we examine a Ninth Circuit case that could reshape TCPA litigation strategy. In Dilanyan v. Hugo Boss Fashions, Inc., the court confronted a key question: Is a text message a “telephone call” under the TCPA’s private right of action at Section 227(c)(5)? While acknowledging strong arguments that texts fall outside the statute, the court allowed the claim to proceed, then took the rare step of certifying the issue for interlocutory appeal and staying the case. This development may open the door for defendants to seek similar stays while awaiting clarity from the Ninth Circuit on a central issue.

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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  • Russell H. Fox
  • Esteban Morales
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  • Jonathan P. Garvin
  • Nadia A. Zivkov
  • John E. Miles

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    Telephone and Texting Compliance News — November 2025

    November 20, 2025| Article

    Authors

    Russell H. Fox

    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.
    Esteban Morales

    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.
    Danielle Frappier

    Danielle Frappier

    Member

    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 P. Garvin

    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.
    Nadia A. Zivkov

    Nadia A. Zivkov

    Associate

    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.
    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.