Telephone and Texting Compliance News — March 2025

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 cover two Petitions for Declaratory Ruling filed with the FCC that seek clarity on several TCPA consent rules amid a recent surge in TCPA lawsuits. A petition filed by the Ecommerce Innovation Alliance (EIA) asks the FCC to confirm that express written consent allows telemarketers to make solicitations through calls or text messages during the FCC’s “quiet hours” between 9:00 pm and 8:00 am. The EIA also wants confirmation that it can use the number’s area code and prefix to determine a mobile phone’s location. Alternatively, the EIA asked for a waiver of the “quiet hours” rules because the FCC has not addressed how telemarketers can determine the location of a called party who is using a mobile device. The Edison Electric Institute’s petition seeks clarification that utility companies may utilize non-marketing, informational “demand response” calls and text messages that encourage short-term reductions in electric use during periods of system-wide high usage or imbalances. For both petitions, comments and reply comments are due by April 10 and April 25, 2025, respectively.

In our Litigation Update, we explore how the Seventh Circuit’s recent decision in Hulce v. Zipongo offers important insights as to what qualifies as a “telephone solicitation” under the TCPA. The case centered on calls and text messages the plaintiff received from nutritional consultant Foodsmart, which discussed how the plaintiff could receive free healthcare consultations from Foodsmart through his healthcare plan. After the lower court granted Foodsmart’s motion for summary judgment, the Seventh Circuit took up the case. At the appellate level, the majority held that since Foodsmart’s communications encouraged the plaintiff to use services that were free to him, they could not constitute “telephone solicitations” under the TCPA.

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 — February 2025

    March 6, 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.
    Nadia A. Zivkov

    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.