January 13, 2016
Partner Steven A. Augustino was quoted in the Law360 article “TCPA Citations A Sign Of FCC Overreach, Commish Says.” The article focuses on the recent round of Telephone Consumer Protection Act (TCPA) citations sent by the Federal Communications Commission (FCC). Commissioner Michael O’Reilly is pushing back because he believes that the new citation practices seem to be creating new law and are dangerous attempts to expand the agency's reach. Mr. Augustino commented on two specific citations against Lyft Inc. and First National Bank. The two citations "seem to be more like policy statements in that they are interpreting the statute to cover these certain types of activities or these certain statements,” he said. He went on to note that, if, for example, the FCC had issued a declaratory ruling that using a free service could constitute a purchase in the context of TCPA consent, then anyone who disagreed could seek judicial review. “But in a citation, you can’t do it,” Mr. Augustino said. “Neither the entity that receives the citation can continue on and challenge it, nor can a third party that didn’t receive it.”
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