Monthly TCPA Digest — July 2020
We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s Regulatory Update, we report on a highly anticipated development at the FCC: the agency’s adoption of safe harbors for voice service providers. One safe harbor protects phone companies from liability if they use reasonable analytics – based in part on STIR/SHAKEN authentication – to identify and block illegal or unwanted robocalls. The other safe harbor protects providers who block call traffic from bad actors under certain conditions. The FCC also released several smaller but noteworthy updates and clarifications.
In our Litigation Update, we look at Garner Props. & Mgmt., LLC v. Marblecast of Mich., Inc., a TCPA fax case. The court’s ruling that sender liability turns on knowledge is a welcome clarification for defendants, who continue to see helpful developments in TCPA fax litigation.
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 Regulatory Update
Part II – TCPA Litigation Update
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Breaking: Supreme Court Scraps TCPA’s Government Debt Exception – published July 6, 2020
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Breaking: SCOTUS Will Decide ATDS Definition in Facebook, Inc. v. Duguid et al. – published July 10, 2020