Telephone and Texting Compliance News — October 2024

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Nadia A. 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 review FCC compliance rules concerning consumer requests to revoke consent for calls and texts under the TCPA. The agency recently announced that these rules will take effect on April 11, 2025. We also cover the FCC Enforcement Bureau’s cease-and-desist letter to gateway provider Identidad Advertising Development LLC, instructing the company to stop the transmission of illegal robocall traffic over its network. The Bureau also issued a Public Notice announcing that if Identidad fails to comply, US-based voice service providers may block or cease accepting all voice traffic from the company and that Identidad may be removed from the Robocall Mitigation Database.

In this month’s Litigation Update, we report on a pending Supreme Court case, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, which raises the issue of whether the Hobbs Act required a district court to accept the FCC’s interpretation of the TCPA in connection with faxes received by email. Under the Hobbs Act, federal courts of appeals have exclusive jurisdiction to determine the validity of all FCC final orders. In affirming the lower court’s decertification of the class, the Ninth Circuit Court of Appeals held that a 2019 FCC Declaratory Ruling deeming online fax services outside the scope of the TCPA rules about faxes is binding on the district court.

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 — September 2024

    September 30, 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.

    Nadia A. 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.