Dissecting The Inherent Tension In Today's TCPA Landscape

Law360 (August 5, 2019, 12:06 PM EDT) -- When the U.S. Court of Appeals for the D.C. Circuit decided ACA International v. Federal Communications Commission[1] in March 2018, many viewed the decision as a potential swan song for the Telephone Consumer Protection Act. Experts predicted the FCC, buoyed by Chairman Ajit Pai, would step in quickly to reform existing regulatory guidance interpreting the statute.

After all, before his promotion to chairman, Pai decried the FCC’s 2015 order interpreting the TCPA as “dramatically expand[ing] the TCPA’s reach.”[2] Now, almost a year and a half has passed since the ACA International decision, and the industry is still waiting on FCC rulemaking....

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