FCC Seeks Comments on Key Issues Post-ACA Int’l

Less than a week after the D.C. Circuit issued its mandate in the ACA Int’l v. FCC matter, the FCC has now asked for comments on critical TCPA issues in light of the D.C. Circuit’s now-final decision. See ACA Int’l v. FCC, 885 F.3d 687 (D.C. Cir. 2018).

In its May 14, 2018 Public Notice, the Consumer and Governmental Affairs Bureau has identified several key issues on which it seeks comments, including the scope of the ATDS definition, how to treat calls to reassigned numbers, and standards for revoking consent. On each issue, the Notice confirms that the FCC is taking a much broader view of the TCPA landscape than it did in its 2015 Declaratory Ruling and Order (“2015 TCPA Order”)—and is willing to consider, in light of the ACA Int’l decision, bright-line rules that will provide much-needed clarity to businesses and litigants. Continue reading   »

Industry Groups Urge FCC to Clarify ATDS After ACA Int’l

On May 3, 2018, a broad range of 18 industry groups led by the U.S. Chamber of Commerce petitioned the FCC to take much-needed action to curb abusive TCPA litigation stemming from prior FCC and court interpretations of the definition of an automatic telephone dialing system (“ATDS”). The petition naturally followed from the D.C. Circuit’s decision in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) to vacate the FCC’s ATDS interpretation contained in the 2015 FCC Declaratory Ruling and Order (“2015 TCPA Order”) as unreasonable, arbitrary and capricious. The petitioners seek clarity on the definition of an ATDS so businesses can better understand how they can effectively communicate with their customers without fear of liability under Section 227(b) of the TCPA. Continue reading   »

Senators Urge FCC to Act in the Face of ACA Int’l

On April 18, 2018, a group of fifteen Democratic senators addressed a letter to FCC Chairman Pai related to the D.C. Circuit’s recent decision in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018). The letter notes that the ACA decision “struck down portions of a 2015 Federal Communications Commission (FCC) Omnibus Declaratory Ruling and Order limiting the definition of automatic telephone dialing systems (auto dialers), which are technologies that can be used to rapidly call and text large groups of consumers,” and expresses concern that “[w]hile the Court maintained the right to revoke consent, the Court’s ruling could be interpreted to suggest that callers could limit consumers’ method to revoke consent to receive robocalls and robotexts through provisions buried in contracts or service agreements,” which would “upend the meaning and the goals of the TCPA.” The senators ask Chairman Pai and the FCC to take the following actions: Continue reading   »

FCC’s Second Further Notice of Proposed Rulemaking on Reassigned Numbers Published in Federal Register; Comment Clock Begins

On March 22, 2018, the FCC adopted a Second Further Notice of Proposed Rulemaking (FNPRM) on reassigned numbers. On April 23, 2018, the FNPRM was published in the Federal Register, triggering the commenting period deadlines. Comments on the FNPRM must be submitted by June 7, and reply comments must be submitted by July 9, 2018. Continue reading   »

FCC and FTC to Co-Host Technology Expo Aimed at Combatting Illegal Robocalls

As we previously reported, the Federal Communications Commission and the Federal Trade Commission recently issued a joint announcement regarding two events “aimed at furthering the fight against illegal robocalls and caller ID spoofing.” The first event was a joint policy forum that was held on March 23, 2018. The second event, which will be held on April 23, 2018, is an expo that will “showcase technologies, devices, and applications to minimize or eliminate the illegal robocalls consumers receive.”

The free and public expo will feature brief remarks from FCC Chairman Ajit Pai and acting FTC Chairman Maureen K. Ohlhausen, as well as demonstrations from the following companies:

  • AT&T
  • Call Control
  • Comcast Corporation
  • Digitone Communications
  • First Orion Corp.
  • Hiya
  • Neustar Communications
  • Nomorobo
  • Reverd LLC
  • Scammer Jammer
  • South Coast Telecom Inc.
  • T-Mobile
  • TNS
  • Verizon
  • VTech Communications, Inc.
  • YouMail

Additional information on the Stop Illegal Robocalls Expo is available here.

District Court Reinforces Requirement that Revocation of Consent Must be Reasonable

The District of New Jersey recently dismissed a class action TCPA complaint, finding that the plaintiff did not use a reasonable method of revoking consent when she failed to follow the defendant’s straightforward directions for providing such revocation. Rando v. Edible Arrangements Int’l, LLC, No. 17-0701, 2018 U.S. Dist. LEXIS 51201 (D.N.J. Mar. 28, 2018). In doing so, the court’s decision further confirmed the position within the District that the totality of the circumstances dictates whether a method of revocation of consent is reasonable and thus valid in TCPA cases. Continue reading   »

Worth the Wait! D.C. Circuit Vacates Key Portions of FCC’s July 2015 TCPA Order

At the Federal Communications Bar Association’s TCPA symposium in D.C. last month, panelists from the Federal Communications Commission (FCC) and private practice expressed uncertainty regarding when the D.C. Circuit would issue its much-anticipated ruling in the appeal of the FCC’s July 2015 Declaratory Ruling and Order (the “2015 Order”). It turns out that that day is today. And the ruling was well worth the wait. Continue reading   »

FCC Releases Draft Second Further Notice of Proposed Rulemaking on Reassigned Numbers Database

In anticipation of its March 22 Public Meeting, the FCC on March 1 released a draft of a Second Further Notice of Proposed Rulemaking addressing comments received on its earlier Notice of Inquiry on proposals for a database to identify reassigned numbers (FNPRM). The FNPRM was released alongside the FCC’s Public Meeting Agenda. The draft FNPRM primarily seeks comment on: (1) the specific information that callers would need from any reassigned number database; and (2) the best way to make that information available to callers. The draft will be considered for adoption by the full Commission at the meeting. Continue reading   »

FCC and FTC Announce Two Upcoming Joint Events Aimed at Combatting Illegal Robocalls

On March 7, 2018, the Federal Communications Commission and the Federal Trade Commission issued a joint announcement regarding two upcoming events “aimed at furthering the fight against illegal robocalls and caller ID spoofing.” The announcement states that the events will “highlight cooperative efforts by the two agencies to combat illegal calls and promote innovative solutions to protect consumers.” The first event is a policy forum the two agencies will be co-hosting on March 23, 2018. The agencies intend to discuss “the regulatory challenges posed by illegal robocalls and what the FCC and FTC are doing to both protect consumers and encourage the development of private-sector solutions” at the forum. Additional information on the forum is available here. The second event is an expo the two agencies will be co-hosting on April 23, 2018. The Stop Illegal Robocalls Expo will showcase “technologies, devices, and applications to minimize or eliminate the illegal robocalls consumers receive.” Additional information on the expo, including how to participate in the expo, is available here.