Honing in on the dynamics of U.S. federal regulations and the Telephone Consumer Protection Act in particular, after a sharp increase in litigation in recent years, relief may be in sight for companies as the FCC is expected to issue declarations in the coming year that could help narrow liability under the decades-old law.
Michael noted that “The TCPA is in an unprecedented state of flux. And that is saying something, given that the regulatory approach to the TCPA has never been marked by consistency or clarity. In 2019 the FCC will have an opportunity to provide predictability that is much needed and long overdue.”
Ultimately, the FCC’s move to answer any of the crush of outstanding questions under the 1991 statute has the potential to “go a very long way toward reducing predatory litigation and focusing our attention on the scam artists that the statute was really meant to address,” Michael concluded.