Telnyx Says Its Proposed Fine Doesn't Belong in FCC's Robocall Draft
Telnyx asked the FCC to strike from a draft robocall order any reference to a proposed $4.5 million robocall-related fine against the company (see 2503050026). The order is set for a vote at the Dec. 18 commission meeting (see 2511250078). The FCC should cut language “that falsely asserts or suggests that there has been a final adjudication concerning Telnyx, including that the Commission made any ‘finding’ against Telnyx or that Telnyx is a ‘bad actor,’” said a filing Wednesday in docket 13-97.
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Telnyx raised the issue of the U.S. Supreme Court’s decision in the Jarkesy case, which looked at when a regulated company has the right to a jury trial. After the draft was circulated, “it became apparent how such certification could be weaponized and abused to target parties without regard for their due process rights or rights afforded by the Seventh Amendment under SEC v. Jarkesy,” the company said.