Telephone and Texting Compliance News — February 2025

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 adoption of an Eighth Report and Order on call blocking at its February 2025 Open Meeting, illustrating the agency’s continued focus on fighting illegal robocalling under the Trump administration. The Eighth Report and Order directs the FCC to require all providers in a call path to block calls based on a reasonable Do-Not-Originate list instead of just US-based gateway providers serving as an entry point for foreign-originated call traffic. It also modifies the requirement mandating voice service providers to immediately notify callers when the provider blocks a call using reasonable analytics software.

In this month’s Litigation Update, we examine a motion to intervene in an Eleventh Circuit case, Insurance Marketing Coalition v. FCC, following the court’s decision to vacate the FCC’s much-anticipated one-to-one consent rule. The court held that the agency exceeded its statutory authority by interpreting “prior express consent” under the TCPA to require separate consent for each seller and for calls or texts to be “logically and topically associated” with the interaction that prompted the consumer’s consent. We discuss the motion and how companies that engage in or rely on lead generation can best prepare for the uncertainties created by this development.

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
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  • Esteban Morales
  • Sofia Nuño

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    Telephone and Texting Compliance News — January 2025

    January 31, 2025| Article|

    Authors

    Russell H. Fox

    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

    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

    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

    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

    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.