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Expert Analysis

Take What FCC Says About TCPA With A Grain Of Salt: Part 1

Law360, New York (April 9, 2014, 1:05 PM EDT) -- ​One especially unfortunate aspect of litigation arising under the Telephone Consumer Protection Act, 47 U.S.C. §227, has been a systemic lack of appellate review of certification and liability decisions. TPCA cases certified for class treatment can involve staggering sums of money, putting the "terror" in "in terrorem." Defendants often have no choice but to settle, thereby foregoing appellate review of controversial aspects of the TCPA. One such controversial area involves the degree of deference that courts must give to regulations and policy statements issued by the Federal Communications Commission....

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