House Judiciary Committee Chairman Signs on to TCPA Reform Efforts
U.S. Rep. Bob Goodlatte says court decision in ACA International v. Federal Communications Commission, et al. is a road map for common sense under the TCPA.
9/27/2018 8:00 AM
The call for Telephone Consumer Protection Act reform is growing on the Hill as evidenced in a recent letter of support U.S. Rep. Bob Goodlatte, R-Va., chairman of the House Judiciary Committee, sent to FCC Chairman Ajit Pai
Goodlatte cites the recent U.S. Court of Appeals for the D.C. Circuit’s decision in ACA International v. Federal Communications Commission, et al. and his views clarifying the meaning of an automated telephone dialing system (ATDS.) The FCC is reviewing the TCPA, in particular the definition of an ATDS, following the court’s decision.
“Using this decision as a road map to bring common sense back to the TCPA, I recommend that the FCC clarify the term ‘automatic telephone dialing system,’ according to the plain language of the law and consistent with Congressional intent, to mean equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention. Moreover, the FCC should find that only calls made using actual (not theoretical) ATDS capabilities are subject to the TCPA’s restrictions,” Goodlatte writes.
The letter follows three similar requests from members of Congress to Pai, including from U.S. Reps. Ken Buck, R-Colo., David McKinley, R-W.V., and Lee Zeldin, R-N.Y. Pai has responded to those letters, as well as requests from several senators.
“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 letters to Buck, Zeldin and McKinley.
He issued similar responses to senators this summer after several Republican members of the 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, ACA previously reported.
Goodlatte’s complete letter to Chairman Pai as well as additional letters in support of TCPA reform is available through ACA International’s TCPA Regulatory Advocacy website.
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