December 4, 2020

Volume X, Number 339

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Monthly TCPA Digest — October 2020

We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month we cover a federal district court decision, Creasy v. Charter Communications, Inc., which held that the TCPA’s robocalling ban was unconstitutional from the time Congress added the government-debt exception in 2015 until July 6, 2020. The district court based its decision on the Supreme Court’s July opinion in Barr v. AAPC that severed the government-debt exception from the TCPA provision prohibiting robocalling cellular telephones. In Creasy, the court concluded that because the government-debt exception was an unconstitutional content-based restriction on speech, the addition of the government-debt exception to the statute “converted a theretofore neutral speech restriction into an invalid content-discriminatory one.”

In this month’s Regulatory Update, we look at the FCC’s ongoing implementation of the TRACED Act aimed at reducing unwanted and illegal robocalls. Late last month, the agency adopted an Order designed to promote the use of caller ID authentication technology through the implementation of the STIR/SHAKEN framework. The FCC also asked for comments on a proposed rulemaking process concerning whether existing exceptions granted under the TCPA include certain requirements. We also discuss the FCC’s Public Notice seeking comment on a filing related to FCC guidance that the TCPA’s emergency purposes exception applies to communications about COVID-19.

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

Part I – TCPA Litigation Update

Part II – TCPA Regulatory Update

©1994-2020 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume X, Number 294
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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...

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

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E. Crystal Lopez Associate Class Action TCPA & Consumer Calling Complex Commercial Litigation
Associate

Crystal focuses her practice on class action defense, with an emphasis on consumer fraud, data privacy, marketing and compliance issues claims. Crystal has extensive experience successfully defending against class action claims brought under the Telephone Consumer Protection Act, California Unfair Competition Law, False Advertising Law, the Fair Credit Reporting Act, the Hobby Protection Act and Auto-Renewal Law in both state and federal courts.

She has defended corporate clients against class actions at all stages of litigation, including...

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Elana Safner Cybersecurity Attorney Mintz
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Elana advises clients on public policy, regulatory issues, and disputes affecting the TechComm 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...

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