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May 4, 2018

ILR Petition: Clarity on Autodialer Definition Needed From FCC

Yesterday, a coalition of 18 business groups, led by the U.S. Chamber Institute for Legal Reform (ILR), filed a petition calling on the Federal Communications Commission (FCC) to clarify the definition of automated telephone dialing systems (ATDS) now that “the Telephone Consumer Protection Act (TCPA) landscape is dysfunctional and in need of clarity from the FCC,” Law360 reports. 

The 39-page petition asks the FCC to fill the void left by the D.C. Circuit’s recent ruling that struck down parts of the FCC’s 2015 “unreasonably expansive” ATDS definition. The petition specifically calls on the FCC to confirm that calling equipment must use a random or sequential number generator to dial numbers without human intervention to qualify as an ADTS and find that only calls made using such a system be subject to TCPA enforcement.

In a blog post, ILR Executive Vice President Harold Kim said a “proper definition is needed to give businesses the clarity to steer clear of litigation traps set by professional plaintiffs and their entrepreneurial lawyers.”

 

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