Telephone and Texting Compliance News — March 2024

By Russell H. Fox, Jonathan P. Garvin, E. Crystal Lopez, Esteban Morales

We are pleased to present our latest edition of Telephone and Texting Compliance News, providing insights and news related to the Telephone Consumer Protection Act (TCPA). In this month’s newsletter, we report on the FCC’s recent initiatives to strengthen international and domestic partnerships against illegal robocalls, with new agreements promoting cooperation with the Georgia Office of the Attorney General, United Kingdom Office of Communications, and Information Commissioner’s Office of the United Kingdom. We also discuss the FTC’s amendments to the Telemarketing Sales Rule (TSR), notably expanding recordkeeping requirements to bolster consumer protection. Finally, we cover the FCC’s establishment of compliance dates for new texting rules aimed at further protecting consumers from unsolicited messages.

In this month’s Litigation Update discusses recent court decisions affirming the importance of clear and detailed allegations in TCPA claims. In Woodard v. Health Insurance Alliance, the plaintiff’s complaint was dismissed due to contradictory allegations and insufficient evidence linking the defendant to the alleged calls. Similarly, in Forteza v. Affordable Auto Shield, the court rejected a plaintiff’s generic pleading, emphasizing the necessity of factual specificity to withstand dismissal in TCPA suits.

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

Regulatory Update

Litigation Update

 

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    Telephone and Texting Compliance News — February 2024

    March 1, 2024| Article|

    Authors

    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.

    Jonathan P. Garvin

    Associate

    Jonathan Garvin is an attorney at Mintz who focuses on legal challenges facing companies in the communications and media industries. He advises clients on transactional, regulatory, and compliance issues before the FCC involving wireless, broadband, broadcast, and cable matters.

    E. Crystal Lopez

    Associate

    E. Crystal Lopez is a Mintz Associate who focuses her practice on class action defense, with an emphasis on consumer fraud, data privacy, marketing, and compliance issues claims. She has defended corporate clients against class actions at all stages of litigation.

    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.