Consumer rights

Monthly TCPA Digest — October 2022 – Dodd-Frank, Consumer Protection Act

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We are pleased to present our latest Monthly TCPA Summary, providing information and news related to the Telephone Consumer Protection Act (TCPA). In this issue’s regulatory update, we discuss a Notice of Proposed Rulemaking from the FCC seeking comment on a proposal to require mobile service providers to block illegal text messages and enforce caller ID authentication to text messages. We also cover the first-of-its-kind orders issued by the Commission’s Enforcement Office that begin the process of removing seven voice service providers from the robocall mitigation database for failing to take steps to robocall mitigation required. Finally, we report on an FCC Investigation Notice that, if adopted, would broadly seek comment on non-IP technology in the nation’s telephone networks and its impact on the Commission’s work to stop the illegal robocalls.

In our litigation update, we explore the Fourth Circuit’s decision to hear an appeal of a West Virginia federal court’s certification of a group in a TCPA case without regard to established business relationships (EBR). of the defendant with the named plaintiffs. While the Vance vs. DirecTV appeal is pending, parties defending the TCPA class actions in the Fourth Circuit may consider filing motions to stay the cases filed against them.

If you have any suggestions for topics you would like us to cover in this newsletter, or if you have any questions about the content of this issue, please do not hesitate to contact an attorney from Mintz’s TCPA and Consumer Calling Practice team.

In this edition

Part I – TCPA Regulatory Update

Part II – TCPA Litigation Update

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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