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Elana R. Safner

Associate

ERSa[email protected]

+1.202.434.7346

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Elana advises clients on public policy, regulatory issues, and disputes affecting the communications sector, as well as privacy and cybersecurity matters. She also has experience with Federal Communications Commission (FCC) procedures and rulemakings.

She has a Certified Information Privacy Professional (CIPP) (US Specialization) certification from the International Association of Privacy Professionals.

Prior to joining Mintz, Elana worked as an associate in the DC office of an international law firm, where she advocated on behalf of her clients spanning a wide variety of industries and issues, including telecommunications, privacy, cybersecurity, and autonomous vehicles. Elana has also presented and published on the topic of legal issues facing artificial intelligence.

While in law school, Elana served as a fellow and intern with the Policy Division of the Federal Communications Commission’s Media Bureau and worked as a student attorney in the Community Enterprise Clinic. She was also chief executive editor of the Duke Law & Technology Review and articles editor for the school’s Law & Contemporary Problems journal. Elana won the North Carolina statewide Kilpatrick Townsend Mock Trial Competition as well as the Duke Law Twiggs Beskind Cup.

Before law school, Elana served as an intern with the Baptist Joint Committee for Religious Liberty, where she researched and developed positions on establishment clause issues for amicus briefs and publications. She was also an intern for US Representative Diana DeGette of Colorado.

Education

  • Duke University (JD, cum laude)
  • University of Miami (BS, magna cum laude)

Experience

  • Conducted syndicated exclusivity and non-duplication programming reviews for cable companies.
  • Drafted successful brief for intervenor, Charter Communications, Inc. in channel positioning dispute against the FCC in the D.C. Circuit Court of Appeals.

FCC Regulation

  • Counsel cable operators and utilities on TCPA regulation and reform to ensure marketing and informational campaigns are compliant with FCC requirements.
  • Advise and advocate for numerous clients on the use and allocation of spectrum related to the Internet of Things (IoT) and commercial mobile service.

Involvement

  • Member, Federal Communications Bar Association
  • Member, International Association of Privacy Professionals

Languages

- Russian

Viewpoints

Viewpoint General

TCPA Class Action Update: Dish Network on the Hook for $61 Million for Third-Party Agent’s TCPA Violation

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit upheld a $61 million class action judgment against Dish Network for its violation of the Telephone Consumer Protection Act. Krakauer v. Dish Network, Case No 18-1518 (4th Cir. May 30, 2019). The lead plaintiff, Thomas Krakauer, submitted his phone number to the national Do Not Call Registry in 2003 but was still called by Dish’s vendor, Satellite System Networks (SSN). This judgment sounds a warning to all companies: if you contract with third-party vendors for marketing purposes, seek assurances and closely monitor the vendor’s compliance with applicable federal regulations. Otherwise, you may be on the hook.
Viewpoint General

Monthly TCPA Digest – June 2019

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Esteban Morales, Matthew Novian, Elana R. Safner

This TCPA Digest covers an FCC rule allowing default call blocking services and a 4th Circuit ruling upholding a $61M judgment against Dish Network for a third-party agent's actions.
Viewpoint General

Monthly TCPA Digest – May 2019

May 13, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Matthew Novian, Elana R. Safner

This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.
Viewpoint General

Fourth Circuit Strikes Down Federal Debt-Collection Exemption to the TCPA

April 29, 2019 | Alert | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Read about the Fourth Circuit’s American Association of Political Consultants decision, which struck down the federal debt collection exemption to the TCPA.
Viewpoint General

Monthly TCPA Digest – April 2019

April 17, 2019 | Article | By Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner

This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.
Viewpoint General

TCPA Regulatory Update: FCC on NPRMs and Petitions; the 2020 Census

April 17, 2019 | Article | By Russell Fox, Elana R. Safner

The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any TCPA items at the Commission’s April open meeting.
Viewpoint General

The Phantom Menace: Office Depot Settles with FTC Over Fake Virus Scans

April 12, 2019 | Blog | By Cynthia Larose, Elana Safner

Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that, in many cases, they did not need.
Viewpoint General

Monthly TCPA Digest – March 2019

March 20, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly, Joshua Briones, Anne-Marie Dao, Russell Fox, Radhika Bhat, Elana R. Safner

This month we consider who qualifies as a “sender” under the Junk Faxes Rule, provide an update on the HANGUP and TRACED bills, and review a Whole Foods case that asks whether the Bristol-Meyers ruling applies to class actions.