November 9, 2018
Partner Steve Augustino
was quoted in the Bloomberg Law
article “Retailers Await FCC Robocall Decision Amid Court Splits.” Last March the U.S. Court of Appeals for the District of Columbia ruled that the Federal Communications Commission’s (FCC) interpretation of the definition of an “autodialer” that can be used by companies, such as Target and Comcast, to make robocalls was too broad, and needed to be reworked. Various lower courts have since been split over how to treat previous FCC readings of the term as they decide cases under the TCPA after the D.C. Circuit’s ruling in ACA International v. FCC, Bloomberg Law data show. The law requires companies to get express consent before using an autodialer to call or text consumers. The conflicting rulings have left businesses unsure whether they’re running afoul of the law.
Steve, who represents various Telecom corporations, stated he was hoping the FCC will “provide clarity so that industry will be able to know before a call is made whether it will be subject to the TCPA,” echoing many other attorney’s confusion and sentiments on the matter.
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