TCPA Monthly Digest – December 2021 – Media, Telecom, IT, Entertainment

United States: Monthly TCPA Digest – December 2021

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We are pleased to present our latest Monthly TCPA Summary, providing information and news related to the Consumer Protection Act by Telephone (TCPA). In this issue’s regulatory update, we’re covering an FCC order adopting rule changes requiring voice service providers to provide immediate notification of call blocking. The order, which dealt with USTelecom’s reconsideration petition, approved the use of an additional session-initiated protocol (SIP) code for notifications and delays the effective date of the rules. We also present a report on the Robocall Trace Back Enhancement Act, legislation introduced by Senators Edward Markey and John Thune that aims to protect the Industry Traceback Consortium and voice service providers from legal action for receiving, sharing, or publishing information. ‘information on automated calls. The bill would also allow the FCC or the consortium to publish a list of voice service providers who make or transmit a substantial number of automated calls or who refuse to participate in traceback efforts.

In our litigation update, we discuss the Southern District of California’s rejection of the Automatic Telephone Numbering System (ATDS) claims in two cases. In particular, in Gross v. GG Homes, Inc., the tribunal allowed a motion for reconsideration of its earlier dismissal of the defendant’s motion to dismiss. The ruling noted that the motion to dismiss was advised before key decisions were made in Facebook, Inc. v. Duguid, a Supreme Court opinion which defined an ATDS as a device capable of storing or producing phone numbers using a random or sequential number generator.

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

In this edition

Part I – Update of the TCPA regulations

Commission regulation on USTelecom petition for Recon; Change the rules

Senators introduce bipartisan legislation to improve robocall tracing efforts

Part II – TCPA Litigation Update

District courts reach consensus on the impact of Facebook

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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