Technology, Communications & Media

Whether the Sixth Circuit will agree with the attorneys general is unknown and largely dependent on the panel. Nevertheless, that decision will have no bearing on the cases currently being decided in the Eleventh Circuit. We will closely monitor any developments from the Sixth Circuit and other district courts as this line of cases continues to make headway across the nation.

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.

It would be a colossal understatement to say “a lot” has happened since we last reported on Creasy. Indeed, in the matter of a few months, the courts have given birth to the newest circuit split.

Our January TCPA Digest covers the FCC’s implementation of several steps to combat illegal robocalls and comply with TRACED Act deadlines as well as a circuit split that has developed since Creasy, in which the court ruled it lacked authority to enforce the TCPA.

Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls.

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.

One of the provisions included in the Consolidated Appropriations Act that President Trump signed into law on December 27, 2020 addresses the so-called “felony streaming” loophole in the Copyright Act and criminal code. 

Read about the FCC’s Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers and its proposal to establish a web portal to collect info about robocalls.

Mintz’s December TCPA Digest covers the oral argument in the Supreme Court’s Facebook, Inc. v. Duguid case about the TCPA’s definition of an ATDS and TCPA-related activity at the FCC, including its Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers.

Read about the oral argument at the Supreme Court in Facebook, Inc. v. Duguid, et al., a case about the TCPA's definition of an automatic telephone dialing system.

TCPA Litigation Update — Eleventh Circuit Rejects Incentive Awards, District of New Jersey Court Refuses to Adopt Reasoning

TCPA Regulatory Update — FCC Releases Public Notice on Filing for Voluntary STIR/SHAKEN Implementation Exemptions for Early Implementers & Reviews Comments on Section 8 of the TRACED Act

This issue covers Johnson v. NPAS Sols., LLC, a class action in which the 11th Circuit invalidated the use of incentive awards for named plaintiffs, a decision that could discourage the filing of TCPA class actions nationwide. The newsletter also provides early implementers with tips on filing for voluntary STIR/SHAKEN implementation exemptions.

Russell Fox and Angela King discuss the FCC’s announcement that it is accepting applications for the Connected Care Pilot Program, which will make $100 million available to help health care providers defray the costs of connected care services.

Read about the federal district court ruling in Creasy v. Charter Commc’ns, Inc., which held that the TCPA was unconstitutional from 2015 to 2020.