July 7, 2022

Volume XII, Number 188

Advertisement
Advertisement

July 06, 2022

Subscribe to Latest Legal News and Analysis

July 05, 2022

Subscribe to Latest Legal News and Analysis

Monthly TCPA Digest — March 2022

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s Regulatory Update, we discuss the FCC’s increased collaboration with states to combat robocalling. These efforts include the FCC’s new robocalling investigatory partnerships with four states and agreements between the Commission’s Enforcement Bureau and the state attorneys general of Colorado and Vermont. We also report on the Enforcement Bureau’s proposed record fine of $45 million, which would be issued against a Florida-based company for allegedly making telemarking robocalls without proper consent.

In our Litigation Update, we cover the District of Maryland’s dismissal of a TCPA case concerning a fax about a free webinar. In Family Health Physical Medicine v. Pulse8, the court rejected the plaintiff’s claims because the fax did not contain an offer to buy or sell anything. The court also concluded that a 2006 FCC Order, which held that facsimile messages promoting goods or services at no cost are unsolicited advertisements under the definition of the TCPA, lacked any statute-based reasoning and was not entitled to deference.
 

In This Edition 

Part I – TCPA Regulatory Update

FCC Announces New State-Federal Partnerships to Combat Robocalls

FCC Enforcement Bureau Proposes Record Fine Against Robocaller

Part II – TCPA Litigation Update

No Deference to the FCC’s 2006 Fax Order

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XII, Number 81
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Russell H. Fox, Communications Attorney, Mintz Levin, Regulatory Approvals
Member

With over 35 years in the wireless telecommunications industry, Russell is among the most experienced wireless communications attorneys in the country. Unique among his peers, Russell assists clients on federal legislative, regulatory, and transactional matters. He analyzes legislation on behalf of clients, participates in proceedings before the FCC and other federal agencies, negotiates spectrum agreements, and represents wireless providers in spectrum auctions. He is also frequently consulted on matters involving US spectrum use and policy.

Whether they are in the middle of a...

202-434-7483
Joshua Briones Litigation Lawyer Mintz
Member / Managing Member, Los Angeles Office

Joshua, Managing Member of the firm’s LA office, is a highly experienced trial lawyer with a national practice. He has received awards and national recognition for his innovative approach and specializes in high-stakes, bet-the-company litigation. He represents clients in such industries as financial services, building products, retail, pharmaceuticals, automotive, professional sports, food and beverage, petroleum, chemical manufacturing, health care, high technology, and higher education. He frequently publishes and lectures before national and local bar and industry...

310-226-7887
Jonathan P. Garvin Communications & Media Attorney Mintz, Levin, Cohn, Ferris, Glovsky and Popeo Washington, DC
Associate

Jon focuses his practice on a wide range of legal challenges facing companies in the communications and media industries. He regularly advises clients on transactional, regulatory, and compliance issues before the Federal Communications Commission (FCC) involving wireless, broadband, broadcast, and cable matters. In addition, Jon advises broadcast and print media clients on FTC and state-specific advertising rules and advises broadcast companies on Television Spectrum Repack and FCC license requirements. 

Jon brings FCC experience and insight to his engagements with the firm’s...

202-434-7357
Esteban Morales, Mintz, Class Action Defense Lawyer, financial services litigation
Associate

Esteban is an experienced litigator whose practice is principally focused on class action defense and financial services litigation. Esteban has successfully defended both small and large corporate clients targeted in class action suits alleging violations of the Telephone Consumer Protection Act, California’s Unfair Competition Law, and California’s Invasion of Privacy Act. Results include dismissals at the pleading stage and without any discovery following aggressive defense strategies. In addition to defending class actions, Esteban has represented clients in real...

310-226-7841
Advertisement
Advertisement
Advertisement