With both the Trump Administration and FCC Chairman Pai’s stewardship passing the 100 day mark recently, it’s time to take another look at potential changes in the Telephone Consumer Protection Act (TCPA) – the federal consumer privacy statute that regulates calling, texting and faxing. Plaintiffs’ litigation under the TCPA has been a cottage industry for class action lawyers in recent years, and the wave of TCPA cases does not appear likely to abate soon. Moreover, in 2015, the FCC stepped back into TCPA matters in a big way, adopting potentially far-reaching interpretations of the Act which have spawned two significant challenges before the United States Court of Appeals for the D.C. Circuit. Against this backdrop, FCC Chairman Pai has made known both his dissent from the FCC’s recent actions and his desire for new, more effective measures to stamp out unwanted autodialed and robocalls. At the same time, many are openly advocating legislative updates to the 25-year-old TCPA to bring it in line with today’s standards.
Topics covered will include the status of the pending challenge to the FCC’s 2015 Declaratory Ruling, Chairman Pai’s robocall regulatory reforms, and trends in TCPA litigation in the courts. We will discuss what to expect in TCPA issues for the remainder of the year and the possibility of legislative changes to the Act.
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, Partner, Kelley Drye & Warren LLP
Partner, Kelley Drye & Warren LLP
, Senior Advisor, Kelley Drye & Warren LLP
, Senior Vice President and GM, Compliance Point