Telephone and Texting Compliance News — July 2024

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Sofia Nuño

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 cover the FCC’s Initial Determination Order against Veriwave Telco, the originating provider for a significant number of illegal robocalls involving a fake tax relief program. We also provide an overview of two robocall-related draft Notices of Proposed Rulemaking the Commission will consider at its August 7 Open Meeting. The FCC will weigh whether to adopt proposals on procedures aimed at improving filings for the Robocall Mitigation Database and possible steps it could take to protect consumers from robocalls and texts that use AI technology.

In this month’s Litigation Update, we discuss a recent decision in Cacho v. McCarthy & Kelly, which provides valuable insights into TCPA compliance and defense strategies following the US Supreme Court ruling striking down the Chevron doctrine in Loper Bright Enterprises v. Raimondo. In Cacho, a New York federal court independently examined the TCPA’s language, ultimately agreeing with the FCC’s position that wireless subscribers on the National Do Not Call Registry can be considered residential subscribers. While the defendant prevailed in getting the case dismissed on other grounds, the decision illustrates why TCPA compliance remains key.

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 — June 2024

June 28, 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.

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.

Sofia Nuño

Associate

Sofia Nuño is an attorney at Mintz who focuses on litigation matters such as securities litigation, shareholder suits, insurance disputes, and complex commercial litigation in both state and federal court. She also maintains an active pro bono practice.