Telephone and Texting Compliance News — June 2024

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Nadia Zivkov

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 Regulatory Update, we report on a significant North American Numbering Council (NANC) meeting scheduled for December. The NANC, a multistakeholder group created to advise the Federal Communications Commission on the administration of numbering resources, plans to vote on several reports and recommendations. In addition to considering proposals related to imposing new obligations on interconnected VoIP providers that obtain direct access to numbers and on resellers of numbers, the council will evaluate issues related to the use of North American Numbering Plan numbers for routing and addressing Internet of Things communications.

In this month’s Litigation Update, we cover TCPA-related appellate and district court decisions from the Fourth Circuit. In Bradley v. Dentalplans.com, a Maryland federal court determined that parties may not obtain prior express written consent to make certain telemarketing calls by way of a disclosure over the phone. Later in the month, in Family Health Physical Med., Ltd. Liab. Co. v. Pulse8, Ltd. Liab. Co., the Fourth Circuit issued an opinion providing further guidance as to what qualifies as a fax advertisement under the TCPA.

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 — May 2024

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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.

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.

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.

Nadia Zivkov

Associate

Nadia A. Zivkov is an Associate at Mintz who advises and represents clients in a broad spectrum of litigation matters in state and federal courts, including disputes involving complex commercial issues, securities, real estate, and antitrust claims. Nadia works with public and private companies in a variety of sectors, with a particular focus on the consumer finance, pharmaceuticals, and oil industries.