Monthly TCPA Digest – March 2019

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).

This month we look at the question of who qualifies as a “sender” under the TCPA’s Junk Faxes Rule. In a TCPA petition, Akin Gump Strauss & Feld LLP argues that companies advertising in unsolicited faxes are often the victims of unscrupulous fax broadcasters and therefore shouldn’t be considered TCPA-liable senders. The FCC is seeking comments.  

We also look at the progress of the HANGUP Act, designed to hold government agencies and contractors to the same robocalling and robotexting standards as businesses, and the new TRACED Act, which would amend the TCPA to give the FCC more enforcement powers, increase civil penalties, and require providers to adopt SHAKEN/STIR call authentication protocols. 

In our Class Action Update, we consider whether the 2017 Bristol-Meyers mass-tort ruling limiting state-court jurisdiction also applies to class actions. Whole Foods says it does, and the court’s decision could affect many future class action cases.

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.

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