Any day now, the D.C. Circuit is expected to release a landmark decision on the Telephone Consumer Protection Act (“TCPA”) based on its review of the FCC’s 2015 Declaratory Ruling and Order (“FCC Order”). The imminent opinion is expected to shape the contours for regulation of consumer engagement nationwide.

The FCC Order contains an expansive interpretation of the TCPA that left many telemarketers wondering how to remain compliant in the face of confusing and broad regulation. In an upcoming WEBINAR—scheduled the business day following the release of the court’s opinion—TCPA experts will break down the ruling and provide a roadmap navigating the new regulatory landscape.

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The D.C. Circuit decision will likely address at least three important issues:

  1. Autodialers: One of the more pressing issues of the FCC Order is the FCC’s definition of an Automatic Telephone Dialing System (autodialer or ATDS), which currently includes any dialing equipment with the future “capacity” to autodial numbers, rather than only those devices that have the present ability to do so. Put differently, while certain equipment may not be called, or even considered, an autodialer, if there’s even the potential for it to be used as an autodialer in the future, it is considered an autodialer despite its current inability to function as one under the FCC’s Order. The D.C. Circuit, however, could restrict, or even reject, the FCC’s definition.
  2. Revocation of Consent: According to the FCC’s Order, consumers have the right to opt out of calls by any “reasonable” means necessary. The FCC noted that any consumer-initiated revocation could be determined “reasonable” on a case-by-case basis. Without a bright line on what exactly constitutes reasonable revocation, companies are at the mercy of the judge, who’s left determining whether a consumer’s method of revocation was reasonable – whatever that method might be.
  3. Reassigned Numbers: The FCC acknowledges that approximately 100,000 numbers are reassigned every day, but that current technology does not always accurately record the reassignments. Despite this acknowledgment, under the FCC Order, a caller has one call (yes, one) to determine that the number of a formerly consenting consumer has been reassigned to a new non-consenting consumer. The calling party is still responsible for ceasing contact regardless of whether the reassigned party answers the call to help facilitate that fact. Any call beyond that and the caller faces potential TCPA fines and litigation exposure.


Please join us for this relevant and timely webinar, which is set to take place the next business day after the D.C. Circuit opinion is released. Our TCPA experts are on standby to analyze the decision and provide you with practical insights on what it means for your marketing efforts.  

Don’t miss your chance to join in the live Q&A discussion with the experts!

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About The Author

Meet Martin, our Trial Commander in Chief, problem solver, and master storyteller. More than just a compelling blog author, Martin is a co-editor of a leading damages treatise, recipe master, and backyard-roasting expert. Backed by decades of tenacious advocacy, he has a passion for obtaining positive results. Feel free to contact him about any or all of the above.