May 27, 2020

May 26, 2020

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Well That Was Quick: FCC Issues Public Notice on Critical Petition In Just Six Days–Now Its Your Turn to Comment

Last week we reported on a critical petition to the Federal Communications Commission (FCC) essentially asking it to clarify what a prerecorded call is under the Telephone Consumer Protection Act (TCPA); i.e. does the TCPA apply to calls that are not entirely pre-recorded– or where an agent has discretion to play messages to a consumer in a real time exchange of information. 

The petition comes on the heels of a recent ruling concluding that dialer wait-queue messages qualify as a prerecorded voice for TCPA purposes.

Well just yesterday the FCC issued a Public Notice seeking comment on this important petition. The public notice can be found here: FCC PN ON YODEL PETITION

The Public Notice sets the following dates:

Comment Date: October 21, 2019
Reply Comment Date: November 4, 2019

Given that this petition seeks clarity on one of the most important pieces of the TCPA– the meaning of the statute’s prerecorded voice requirements– it potentially impacts players in numerous industries. If you’d like to discuss feel free to reach out to the Baron or I since, you know, we represent the Petitioner.

© Copyright 2020 Squire Patton Boggs (US) LLP


About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 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 deep experience, rigorous...