Earlier this year, the D.C. Circuit issued a significant decision in a challenge to the July 10, 2015 Federal Communication Commission (FCC) Declaratory Ruling and Order. See our post on the decision for more information. The D.C. Circuit struck down the FCC’s interpretation of the TCPA’s definition of “automatic telephone dialing system” and the FCC’s rules for liability for calls to “reassigned” telephone numbers.
Now, the FCC is seeking comments on significant TCPA issues, including those at issue in the D.C. Circuit decision. The FCC is seeking public comment on the following questions:
1. What constitutes an “automatic telephone dialing system”?2. How should reassigned wireless numbers be treated under the TCPA, including how to define “called party”3. How may a called party revoke prior express consent to receive robocalls?4. Are contractors acting on behalf of federal, state, and local governments are “persons” under the TCPA?
Comments are due to the FCC by June 13 and reply comments are due by June 28. The FCC public notice can be found here.