TCPA & Consumer Calling Digest – September 2018

By Joshua Briones, Russell H. Fox, Alexander Hecht, Radhika U. Bhat, E. Crystal Lopez, Esteban Morales

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).

In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.

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 Regulatory Update

Part II – TCPA Class Action Update

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Published

    • Professionals

  • Joshua Briones
  • Russell H. Fox
  • Alexander Hecht
  • Esteban Morales

    • Related Practices

  • TCPA & Consumer Calling
    • Viewpoint Thumbnail

    TCPA Regulatory Update: FCC Receives Feedback on its Robocalling Report and Reassigned Numbers Database Proposal

    September 20, 2018| Article|

    Viewpoint Thumbnail

    TCPA Class Action Update: Circuit Split Further Entrenches TCPA Landscape

    September 20, 2018| Article|

    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

    Member

    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.

    Alexander Hecht

    ML Strategies - Executive Vice President & Director of Operations

    Alexander Hecht is Executive Vice President & Director of Operations of ML Strategies, Washington, DC. He's an attorney with over a decade of senior-level experience in Congress and trade associations. Alex helps clients with regulatory and legislative issues, including health care and technology.

    Radhika Bhat

    Crystal Lopez

    Esteban Morales

    Member

    Esteban Morales is a Mintz litigator who handles class action defense and financial services litigation for companies of all sizes. He defends clients targeted in class action suits, and the results include dismissals at the pleading stage. Esteban practices in Mintz's Sports Law Practice.