Monthly TCPA Digest — October 2022

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 an FCC Notice of Proposed Rule Making seeking comment on a proposal to require mobile providers to block illegal text messages and apply caller ID authentication technology to text messages. We also cover first-of-their-kind Orders issued by the Commission’s Enforcement Bureau that start the process of removing seven voice service providers from the Robocall Mitigation Database for failing to take required robocall mitigation steps. Finally, we report on an FCC Notice of Inquiry, which, if adopted, would broadly seek comment on the non-IP technology in the nation’s phone networks and how it impacts the Commission’s work to stop illegal robocalls.

In our Litigation Update, we explore the Fourth Circuit’s decision to hear an appeal of a West Virginia federal court’s certification of a class in a TCPA case without consideration of the defendant’s Established Business Relationships (EBRs) with the named plaintiffs. While the Vance v. DirecTV appeal is pending, parties defending TCPA class actions in the Fourth Circuit may want to consider filing motions to stay cases filed against them.

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

• Commission Initiates Proceeding to Address Robotexting
• Commission Moves to Remove Non-Compliant Providers from Robocall Mitigation Database
• Commission to Seek Information on Non-IP Call Authentication at October Open Meeting

Part II – TCPA Litigation Update

• In the Fourth Circuit? Fire Up the Motions to Stay

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