Technology, Communications & Media

Mintz’s TCPA litigation team discusses a Second Circuit / Third Circuit split over what type of fax is considered an “unsolicited advertisement” under the TCPA.

The next-generation of wireless technologies – known as 5G – is expected to revolutionize business and consumer connectivity, offering network speeds that are up to 100 times faster than 4G LTE, reducing latency to nearly zero, and allowing networks to handle 100 times the number of connected devices, enabling the “Internet of Things.”

Read about an FCC Order adopting changes to its immediate call-blocking notification rules and clarifying that the notification requirement applies to analytics-based blocking only.

Read about the Robocall Trace Back Enhancement Act, pending Senate legislation aimed at providing immunity for receiving, sharing, or publishing information about illegal calls.

Our TCPA newsletter covers an FCC Order adopting changes to its immediate call-blocking notification rules and the Robocall Trace Back Enhancement Act — pending Senate legislation aimed at providing immunity for sharing information about illegal calls. It also covers two Southern District of California decisions dismissing ATDS claims.

Citing the Supreme Court’s Facebook, Inc. v. Duguid decision on ATDS devices, the Southern District of California dismissed ATDS claims in Gross v. GG Homes, Inc. on a motion for reconsideration of its denial of the defendant’s dismissal motion.

The next-generation of wireless technologies – known as 5G – is expected to revolutionize business and consumer connectivity, offering network speeds that are up to 100 times faster than 4G LTE, reducing latency to nearly zero, and allowing networks to handle 100 times the number of connected devices, enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

The next-generation of wireless technologies – known as 5G – is expected to revolutionize business and consumer connectivity, offering network speeds that are up to 100 times faster than 4G LTE, reducing latency to nearly zero, and allowing networks to handle 100 times the number of connected devices, enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Plaintiff Kenneth Johansen “admits that he believes that engaging in deception is appropriate behavior for a class representative,” observed the Southern District of Florida on its way to denying class certification in Johansen v. Bluegreen Vacations Unlimited, Inc., No. 9:20-cv-81076-RS, Dkt. No. 95 (S.D. Fla. Sept. 30, 2021). Mr. Johansen’s TCPA class action started like many others. He allegedly received calls from the defendant, engaged with the caller, and posed as an interested customer. He apparently verified information the caller had on file and requested additional information. He then allegedly received more calls before finally notifying a representative that his telephone number was registered on the National Do Not Call Registry. This conduct, concluded the Court, confirmed that Mr. Johansen was not a typical class member and demonstrated inadequacy.

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 adoption of the FNPRM, a rule intended to help curb illegal robocalls originating outside of the United States, as well as the PSAP FNPRM, which seeks to protect the nation’s 911 emergency response centers from potentially debilitating robocalling attacks. In addition, we cover Sen. Richard Blumenthal’s recent request that the FCC take additional steps to block spam text messages and his support for its proposal to shorten STIR/SHAKEN implementation deadlines for certain providers.

TCPA Regulatory Update – Blocking Foreign-Initiated Robocalls, Safeguarding PSAP Phone Numbers, and Blocking Spam Texts

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

The Communications Act requires that the Federal Communications Commission collect regulatory fees to cover the costs of certain employees who directly provide benefits to payees. Should the FCC require that unlicensed users and/or equipment manufacturers pay annual regulatory fees? Or large technology companies? Those queries are teed up for public comment in a subsequent Notice of Proposed Rulemaking that is part of the Commission’s annual regulatory fee assessment proceeding.

Read about two proposed rulemaking items on the FCC’s September Open Meeting agenda involving the Do-Not-Call registry for 911 call centers and gateway providers, or the first U.S.–based provider in the call path of a foreign-originated call.

Read about the Sixth Circuit’s Lindenbaum v. Realgy decision, which rejected the Creasy v. Charter Communications federal court ruling that the TCPA was unconstitutional when it included the government debt exemption between November 2015 and July 6, 2020.

Our TCPA newsletter discusses proposed rulemaking items on the FCC’s September Open Meeting agenda involving the Do-Not-Call registry for 911 call centers and gateway providers for foreign-originated calls to the United States, and covers the 6th Circuit’s Lindenbaum v. Realgy decision rejecting the Creasy v. Charter Communications federal court ruling.

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.

Now, courts are applying Facebook’s holding to dispose of TCPA cases at summary judgment on the ATDS issue. See Timms v. USAA Federal Savings Bank, 2021 WL 2354931 (D.S.C. June 9, 2021); Barnett v. Bank of America, N.A., 2021 WL 2187950 (W.D. N.C. May 28, 2021).