Washington, D.C., partner Laura Phillips was quoted in the Communications Daily article “DC Circuit Partial Reversal of 2015 TCPA Robocalling Order Seems Unlikely to be Overturned,” which discusses the U.S. Court of Appeals for the D.C. Circuit’s ruling that shot down two key FCC decisions and affirmed two others in ACA International v. FCC. The article explains that the FCC and most industry petitioners seem satisfied with the ruling, but that more robocalling disputes are likely to occur at the FCC and in trial courts. The article also discusses the question of whether the FCC will appeal the ruling or seeking en banc review.
Laura said that it’s “hard to see why” the FCC would appeal the ruling and that the commission may feel pressure to advance a proceeding on creating a reassigned-number database. She added that “so long as the FCC signals that it will step up to the plate to consider appropriate statutory parameters on the ATDS (automatic telephone dialing system) definition question that resolves uncertainty, it’s tough to envision an appellate path forward rather than one leading back to the expert agency.”