Category: FCC

Bottles of Ink: Court Observes that FCC’s Recent “Regulatory Crusade” Has Only Made the TCPA Murkier

It should come as no surprise to readers of this blog that the TCPA is the subject of regular criticism by judges across the country. See e.g. Dominguez v. Yahoo!, Inc., No. 13-1887, 2017 U.S. Dist. LEXIS 11346, at *20 (E.D. Pa. Jan. 27, 2017) (calling the FCC’s 2015 Omnibus “a ‘mongrel’ – with no offense to dogs.”). The ambiguities in the FCC’s rulings on the TCPA’s exceptions for healthcare-related calls are the most recent subject of judicial critique of the TCPA.

Courts Appear to Be Losing Patience with ACA Int’l Stay Requests as One-Year Anniversary Looms

This coming Thursday will mark the one-year anniversary of the oral argument in the big ACA, Int’l appeal of the FCC’s Omnibus TCPA ruling. District courts handling TCPA cases under the shadow of the ACA, Int’l appeal appear to have run out of patience with the D.C. Circuit Court of Appeal, or at least lost their faith that the ruling will be made swiftly. This is reflected by the increasingly number of denials of defendant motions to stay TCPA cases pending the outcome of the ACA Int’l appeal.

No More Playing Hookie: FCC Finds That The TCPA’s Emergency Purposes Exemption is Broad Enough to Allow Schools to Report Truancy to Parents (and Other Important Rulings)

Huck Finns of America beware. There will be a lot less time spent at the ole’ fishing hole during schools hours starting next year thanks to a declaratory ruling from the Federal Communications Commission (FCC) issued on August 4, 2016. Effective immediately schools and teachers may leverage automated technologies to send text alerts and pre-recorded messages to parents to swiftly inform them of their child’s unexcused absences.