From the Web: ‘Unfair Attack? NCLC Works Hard to Convince FCC That Legitimate American Businesses Are to Blame For Majority of Robocalls in Robust TCPA Comment’

TCPA litigation and compliance expert, attorney Eric Troutman, counters NCLC comments blaming legitimate businesses for majority of ‘robocalls.’

7/9/2018 3:00 PM

From the Web: ‘Unfair Attack? NCLC Works Hard to Convince FCC That Legitimate American Businesses Are to Blame For Majority of Robocalls in Robust TCPA Comment’

In an opinion piece for, a site dedicated to Telephone Consumer Protection Act news and analysis, contributor Eric Troutman, a partner with Womble Bond Dickinson, dissects the National Consumer Law Center’s comments to the Federal Communications Commission on the TCPA and its argument against legitimate businesses trying to reach and help consumers.

“The National Consumer Law Center (“NCLC”) submitted perhaps the most comprehensive pro-consumer comment in response to the FCC’s recent Public Notice seeking comment on the scope and architecture of the Telephone Consumer Protection Act,” Troutman writes.

“The comment takes on an ambitious project―convincing the FCC that legitimate American businesses are primarily responsible for the scourge of robocalls that are plaguing this country. By extension the NCLC urges that the FCC must continue to read the TCPA―which prevents calls made using certain regulated technologies without consent― broadly so as to encourage more lawsuits against these businesses to keep their calling practices in check. Unfortunately the NCLC resorts to questionable and cherry-picked data―as well as to some unproven hearsay claims―to support its position.”

Troutman extensively reviews that data from YouMail and its message, stating:

“NCLC boldly asserts that with this YouMail data ‘we know well enough who is making the overwhelming majority of robocalls…’” The Comment then identifies numerous legitimate and well-respected American businesses―by name―in a chart, that I will not reproduce here, entitled “Top Twenty Robocallers in the United States.”  To put a fine point on it the Comment states: “Banks, credit card companies, retailers, and debt collectors, all of whom were collecting debts, according to the robocall blocker, took seventeen of the top twenty spots.”   It arrived at these names, apparently, by looking up the phone numbers identified on YouMail’s “robocall” index and calling them to see who those numbers belonged to.”

His opinion piece also delves into the number of “robocalls” versus complaints and his view of flaws in the NCLC’s analysis and comments to the FCC.

Read Troutman’s complete article on

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