February 7, 2020

ILR, Business Groups Urge Action on TCPA

In a new letter to the Federal Communications Commission (FCC), the U.S. Chamber Institute for Legal Reform and 18 other business groups are urging action to rein in abusive Telephone Consumer Protection Act (TCPA) litigation, Law360 reports.

Specifically, the groups asked the FCC to clarify the definition of autodialer under the TCPA, which helps determine what type of communications do and do not violate the law. A circuit split has emerged on that provision since the D.C. struck down an old FCC definition it said was too broad in 2018. Just last week, the Eleventh Circuit joined the D.C. and Third Circuits in taking a narrow definition, while the Ninth Circuit has gone in the other direction.

Clarification from the FCC “will help stem the tide of abusive TCPA litigation, which has been fueled by uncertainty regarding the definition of [autodialers],” the groups said.

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