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Monthly TCPA Digest – December 2019

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue includes a discussion of consensus robocall legislation that was recently approved in the House of Representatives by a vote of 417-3. The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, which is pending in the Senate, would require voice service providers to adopt call authentication frameworks that enable them to identify and block robocalls. We also review recent FCC orders on TCPA requirements, including one that authorizes a company to use its d/b/a name in its voice messages and another determining that an online fax service is not a “telephone facsimile machine.”

In our Litigation Update, we take a look at two cases decided earlier this year in which courts allowed fraud claims to proceed against serial TCPA plaintiffs. The decisions highlight the importance of conducting an investigation when defendants in TCPA cases suspect a setup or if a serial plaintiff is involved.

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. You can click here to subscribe to the Monthly TCPA Digest.

In This Edition


Part I – TCPA Legislative Update


Part II – TCPA Regulatory Update


Part III – TCPA Litigation Update

 

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Authors

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.
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.

Christian T. Fjeld

Vice President

Christian Tamotsu Fjeld is a Vice President of ML Strategies in the firm’s Washington, DC office. He assists a variety of clients in their interactions with the federal government.

Elana R. Safner

Associate

Elana R. Safner is an attorney who advises Mintz clients on public policy, regulatory issues, and disputes affecting the communications sector. Elana also handles privacy and cybersecurity matters. She has CIPP certification from the International Association of Privacy Professionals.