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 latest move to tighten direct number access rules for VoIP providers and its call for public input on additional safeguards. We also highlight the FCC's broader shift toward a proactive robocall mitigation strategy and explore what future restrictions could mean for VoIP providers and their customers.
In our Litigation Update, we examine a Ninth Circuit case that could reshape TCPA litigation strategy. In Dilanyan v. Hugo Boss Fashions, Inc., the court confronted a key question: Is a text message a "telephone call" under the TCPA's private right of action at Section 227(c)(5)? While acknowledging strong arguments that texts fall outside the statute, the court allowed the claim to proceed, then took the rare step of certifying the issue for interlocutory appeal and staying the case. This development may open the door for defendants to seek similar stays while awaiting clarity from the Ninth Circuit on a central issue.
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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
