Telephone and Texting Compliance News — December 2024

By Russell H. Fox, Jonathan P. Garvin, Joshua Briones, 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 Regulatory Update, we report on a recent FCC Order directing over 2,000 telecommunications service providers to cure deficiencies in each of their Robocall Mitigation Database (RMD) certifications and Robocall Mitigation plans. Originating, intermediate, gateway, and terminating providers were listed in the Order — the largest action of its type taken by the Commission to date. Providers that fail to cure the deficiency or respond by December 31 face removal of their certification from the RMD, which requires other providers to cease accepting traffic from them. We also discuss Chairwoman Rosenworcel’s announcement about a draft Report and Order proposing to change RMD filing requirement rules to promote increased diligence and accountability among filers.

In this month’s Litigation Update, we cover Bradley v. Dentalplans.com, a case focusing on whether a plaintiff’s voice recording was a valid written signature for purposes of establishing TCPA-compliant written consent. The Fourth Circuit is being asked to take an interlocutory appeal centering on whether the disclosure requirements under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) apply to the TCPA. We also look at a Georgia federal court’s decision to stay Loudermilk v. Maelys Cosmetics USA Inc. in light of a pending Supreme Court case likely to provide further guidance on the limits of agency rulings, McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation et al.

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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  • Technology, Communications & Media

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  • Russell H. Fox
  • Jonathan P. Garvin
  • Joshua Briones
  • Esteban Morales

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  • TCPA & Consumer Calling
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    Telephone and Texting Compliance News — November 2024

    November 27, 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.