“This is not an encouraging opening statement. I would characterize it as surprising and disappointing,” said ILR Executive Vice President Harold Kim about FCC Chair Tom Wheeler’s proposed clarifications of the Telephone Consumer Protection Act (TCPA).
Kim noted that a “silver lining” in Wheeler’s proposal was that it “hinted” the final FCC rule “may include some sort of safe harbor from class actions against businesses that call consumers with reassigned phone numbers.”
Reuters‘ Alison Frankel notes that the U.S. Supreme Court will also reshape debate over the TCPA when it decides the Spokeo v. Robins case next term. In that case, the Court will decide “whether Congress can confer constitutional standing on otherwise uninjured plaintiffs.”
Until that time, notes Frankel, “a lot more money will flow to TCPA plaintiffs’ lawyers.”
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