Telephone and Texting Compliance News — November 2024

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Grecia A. Rivas-Rudra

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 an FCC Report and Order concerning the STIR/SHAKEN caller ID authentication obligation. The new rules authorize originating, intermediate, and gateway telecommunications service providers to engage third parties to perform the technological act of “signing” calls on their behalf consistent with STIR/SHAKEN’s technical requirements. Under the new rules, carriers using a third party for the call authentication process bear ultimate responsibility for compliance.

In this month’s Litigation Update, we discuss Williams v. DDR Media, LLC, a California federal case involving Jornaya and TCPA Guardian. In its summary judgment for Jornaya, the US District Court for the Northern District of California delivered a blow to the plaintiffs’ bar while holding that TCPA Guardian does not wiretap under the California Invasion of Privacy Act. The decision provides reassurance for businesses using technologies to enhance TCPA compliance.

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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  • Russell H. Fox
  • Jonathan P. Garvin
  • Joshua Briones
  • Esteban Morales
  • Grecia A. Rivas-Rudra

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    Telephone and Texting Compliance News — October 2024

    October 31, 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.

    Grecia A. Rivas-Rudra

    Associate

    Grecia A. Rivas-Rudra is an Associate at Mintz who focuses her practice on complex commercial litigation, with an emphasis on disputes involving public and private construction, and government contracting matters. She has experience with litigation, bid protests, and compliance and enforcement matters relating to construction projects.