San Francisco partner Mike Stortz authored “Takeaways From FCC’s Briefing Defending TCPA Ruling” for Law360. The article examines the Federal Communication Commission’s (FCC) recent briefing before the D.C. Circuit Court of Appeals, and how the agency’s statements may provide some limited guidance for TCPA compliance efforts. The briefing provided additional—but not necessarily comprehensive—guidance on the following issues:
- Procedures for revoking consent, including parties agreeing to terms;
- Whether a smartphone is considered an ATDS;
- The permissibility of speed dialing, group messaging, and call forwarding; and
- Human intervention and its relevance under the TCPA.
Mike discusses these issues and how the upcoming ruling may not limit the FCC or plaintiffs in future TCPA matters.