Partners Laura Phillips and Michael Daly and associate John Yi published an article in Law360 titled, “All Eyes on DC Circ. For Ruling on FCC’s TCPA Order.” The article discusses the Federal Communications Commission’s declaratory ruling and order on the Telephone Consumer Protection Act and the subsequent consolidated appeal currently pending in the D.C. Circuit Court of Appeals. After briefing in the consolidated appeal, several areas of focused concern remain, including:
- What “capacity” equipment must have in order to qualify as an “automatic telephone dialing system”;
- Who the “called party” is, from whom consent must be obtained; and
- When the called party can revoke his or her consent.
Laura, Mike and John discuss the joint petitioners’ and the FCC’s responses to these issues and suggest that the D.C. Circuit will sort through the FCC’s determinations many have characterized as inadequately reasoned or inconsistently applied by the agency in its order.