Congressman Urges FCC to Develop Solutions for Consumers and Businesses Under TCPA
U.S. Rep. Lee Zeldin says past interpretations of the 1991 law leave businesses with ‘confusing patchwork’ of requirements.
8/3/2018 8:00 AM
The Federal Communications Commission needs to find workable solutions for legitimate businesses to communicate with consumers in a timely and effective manner in compliance with the Telephone Consumer Protection Act as it reviews the 1991 law, U.S. Rep. Lee Zeldin (R-N.Y.) wrote in a recent letter to FCC Chairman Ajit Pai.
“There is tremendous legal uncertainty surrounding how consumers can receive calls and text messages on their cell phones, even when the calls and texts contain important information,” Zeldin wrote. “This leads to increasing class action litigation that often does little to help consumers and chills legitimate communications. The FCC must make it more workable for legitimate businesses to stay in communication with consumers in a timely and effective manner, while continuing its fight to eliminate illegal and fraudulent calls to texts and to cell phones.”
Zeldin cites the recent U.S. Court of Appeals for the D.C. Circuit’s decision in ACA International v. Federal Communications Commission, et al. in the letter along with his views on the appropriate definition of an automated telephone dialing system. The FCC is reviewing the TCPA, in particular the definition of an ATDS, following the court’s decision.
“I support the FCC’s recent Public Notice seeking comment on these issues, and other confusing aspects of TCPA compliance,” Zeldin wrote. “I urge the FCC to take quick action to clarify important issues under the TCPA … under this approach, the FCC should confirm that to be an ATDS, equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention, and find that only calls made using actual (not theoretical) ATDS capabilities are subject to the TCPA’s restrictions.”
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