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BREAKING: FCC Seeks Comment on Scope of TCPA Following ACA Int’l

Well that didn’t take long.

With the D.C. Circuit Court of Appeal issuing its mandate following the ACA Int’l ruling last week, the ball was back in the FCC’s courts to address the architecture and reach of the TCPA.

Today the FCC formally began the process of re-considering its 2015 TCPA Omnibus ruling by issuing a Public Notice seeking guidance on, inter alia: i) the definition of ATDS; ii) the definition of “called party”–including the “expected recipient” approach; iii)  possibly creating a standard form of revocation; iv) whether or not the federal government is a “person”; and v) the interaction between Broadnet (federal government is not a person) and the Order implementing the BBA amendment carving out calls on government-backed debt (this may mean that the FCC’s entire implementing order regarding such calls is open for reconsideration).

This is obviously a huge development. Look for more information and analysis over the next few days.

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About this Author

Eric Troutman, Womble Dickinson, TCPA Litigation Attorney
Attorney

Eric is one of the country’s prominent class action defense attorneys and is nationally-recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance.  He has served as lead defense counsel in more than 50 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon...

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