FCC Chairman: Commission is Poised to Reconsider TCPA Reform
In response to several letters from Republican members of the U.S. Senate Committee on Commerce, Science and Transportation calling for clarification of TCPA, Ajit Pai says it’s time to look at the law following the decision in ACA Int’l et al. vs. FCC.
8/24/2018 11:00 AM
Federal Communications Commission Chairman Ajit Pai is advancing efforts to review the Telephone Consumer Protection Act as members of Congress continue to call for clarification of issues that cause uncertainty for consumers and businesses.
In July, several Republican members of the U.S. Senate Committee on Commerce, Science and Transportation sent letters to Pai urging him to take quick action to clarify important issues under the TCPA as the FCC reviews the law.
Pai sent his response earlier this month, noting his agreement with the senators’ request, especially in light of the U.S. Court of Appeals for the D.C. Circuit’s decision in ACA International v. Federal Communications Commission, et al.
“In your letter, you urge the commission to take quick action to clarify important issues under the TCPA. I agree that, in light of the decision of the U.S. Court of Appeals for the District of Columbia in ACA International v. FCC—which struck down much of the agency’s 2015 TCPA Declaratory Ruling and Order—it is time for the commission to establish robust consumer protections in line with federal law. As I predicted in my dissent, the last administration’s order has left both the American customer and American enterprise worse off. This cannot possibly be what Congress intended,” Pai wrote in the letter.
The senators’ letter was sent after the FCC published a comment notice related to ACA’s lawsuit that included questions associated with how an autodialer should be defined and how capacity should be interpreted, among several other pertinent areas where more clarity is needed, ACA International previously reported.
Pai also recently testified before the committee in its oversight hearing for the FCC, prompting some discussion on TCPA reform that balances consumer protection and the need of legitimate businesses to communicate with consumers.
“The commission is now poised to examine and reconsider these issues,” he wrote in his letter to the committee this month.
Recipients of the letter include U.S. Sens. John Thune (R-S.D.), Roy Blunt (R-Mo.), Jerry Moran (R-Kansas), Shelley Moore Capito (R-W.V.), Roger Wicker (R-Miss.), Deb Fischer (R-Neb.), and James Inhofe (R-Okla.).
ACA International is engaged in advocacy efforts with regulators and policymakers as discussions about TCPA reform strengthen on Capitol Hill.
In its correspondences and dialogue with policymakers, ACA consistently stresses that communication between legitimate businesses and consumers should not be improperly restricted.
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