Good morning TCPAWorld
Well it’s Day 1 PF (post-Facebook).
Here is where we are:
As Paul reported last night, Congressional Democrats have already promised to move forward with legislation to reverse Facebook’s effect, which is weird since no one knows precisely what those effects will be yet. (And nobody should be passing any TCPA-related laws without talking to the Czar, first–let’s get it right this time).
While I have my doubts that any Congressional “fix” will take place in the short term–the effectiveness of carrier-blocking technology has really blunted American rage at robocalls, even as it has stifled lawful speech at times–I have urged LeadsCouncil to push for self-regulation among industry participants to avoid future legislation/regulation.
Meanwhile P2P vendors are now terrified that their products have gone from essential to obsolete in the wake of Facebook. Given the ruling’s dangling threads of “capacity” and footnote 7 arguments, I suspect P2P vendors will have an important place in the market for a long time to come.
Relatedly, all eyes are currently on the FCC, which is now expected to issue a ruling on its long-awaited TCPA Public Notice proceeding in short(ish) order. While the ruling will undoubtedly track Facebook on ATDS issues it will be critical to see how the new-look Commission (currently headed by Commissioner Rosenworcel as Acting Chairwoman) addresses “capacity” and foonote 7, if at all.
I’ll keep you updated as things develop.
© 2024 Troutman Amin, LLP