FCC Bureau Seeks Comment on TCPA Rules
The Consumer and Governmental Affairs Bureau is asking for comment on FCC interpretation and implementation of the Telephone Consumer Protection Act in light of a decision in ACA International v. FCC, in which the U.S. Court of Appeals for the…
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D.C. Circuit overturned key parts of a 2015 order and declaratory ruling (see 1803160053). The FCC is expected to offer clarity on its rules (see 1804160044). The bureau asks in Tuesday's Daily Digest for comment on what constitutes an automatic telephone dialing system. “We seek further comment on the functions a device must be able to perform to qualify as an automatic telephone dialing system,” a public notice said. “We seek comment on how to interpret ‘capacity’ in light of the court’s guidance. For example, how much user effort should be required to enable the device to function as an automatic telephone dialing system? Does equipment have the capacity if it requires the simple flipping of a switch? If the addition of software can give it the requisite functionality? If it requires essentially a top-to-bottom reconstruction of the equipment?” Comments are due June 13, replies June 28 in docket 18-152. Sen. Ed Markey, D-Mass., said the FCC must protect consumers against unwanted robocalls and robotexts. “The intent and letter of the law is clear: consumers should not be subject to intrusive and unsolicited robocalls and robotexts,” Markey said. “It is the FCC’s statutory obligation to ensure that consumers can preserve the precious zone of privacy created by the TCPA. That means affirmative user consent before using automated dialing equipment; the right to revoke consent; and stopping unwanted calls and texts to reassigned numbers."