FCC Power Grab Would Deal Blow To Private TCPA Challenges

Law360, New York (October 22, 2012, 10:46 PM EDT) -- The Federal Communications Commission argued last week that the Sixth Circuit had no business entertaining a challenge to its telemarketing regulations — an aggressive bid to expand its authority that attorneys say would bar litigants from contesting the agency's rules in private actions without its approval.

Last month, the Sixth Circuit upheld the agency's exemption of a type of telemarketing known as a hybrid call from regulation under the Telephone Consumer Protection Act. In a hybrid call, a broadcast or radio station both announces a specific...
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