TCPA Tracker-July 2015
July 28, 2015

In this issue

Recent News | FCC Petitions Tracker | Upcoming Events | Cases of Note

 
Recent News

A First Look at the FCC’s 2015 TCPA Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission ("FCC") released the text of its omnibus Declaratory Ruling, which the Commission adopted by a 3-2 vote almost a month earlier, on June 18, 2015.

In the Ruling, the FCC responded to 21 petitions by a number of companies and trade associations who sought relief or clarification regarding the requirements of the Telephone Consumer Protection Act of 1991 (“TCPA”).  The Ruling redefines what equipment falls within the definition of “autodialer,” specifies liability for calls to reassigned telephone numbers, provides consumers with a right to revoke consent by any reasonable means, and establishes new exceptions for financial and healthcare related calls, among other changes.

Chairman Wheeler and Commissioner Clyburn both voted in favor, while Commissioners Rosenworcel and O’Rielly approved in part but dissented in part, and Commissioner Pai dissented. 
 

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FCC Enforcement Bureau Chief Praises PayPal After Original TCPA Terms Drew Criticism

On June 11, the Chief of the Enforcement Bureau of the FCC sent a letter to PayPal, Inc. stating that the Company’s recent amendments to its User Agreement did not comply with federal law. Although the letter did not threaten enforcement action, the FCC has the power to impose fines for TCPA violations, after issuing citations to non-carriers such as PayPal. After PayPal made changes to its policy, the FCC Bureau Chief expressed approval of the revisions.
 

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FCC PETITIONS TRACKER
With the rise in TCPA litigation, numerous parties have sought clarification of the rules. Kelley Drye’s Communications group has compiled this comprehensive summary of the pending petitions.
Number of Petitions Pending New Petitions Filed Upcoming Comments Decisions Released
14 (+ 115 seeking a retroactive waiver of the opt-out requirement for fax ads) 4 petitions filed seeking a retroactive waiver of the opt-out requirement for fax ads pursuant to the Anda order.
1 petition for declaratory ruling from Anthem regarding healthcare calls.
1 petition for declaratory ruling from Henry Schein approving the opt-out language used in fax advertisements.
 
4 petitions seeking retroactive waivers of the opt-out notice requirement for fax ads
(comments due 7/10/15; replies due 7/17/15)
 
TCPA Omnibus Declaratory Ruling and Order 15-72, addressing 21 petitions on various issues.
Click here to see the full FCC Petition Tracker.