Category: TCPA

The FCC’s 2016 BBA Implementing Ruling Digested (Volume 3): “Making a Call” and “Initiating a Call” Are the Same Thing – Except that They Aren’t

Here’s something a lot of folks—even so-called TCPA “experts—tend to overlook. Most people realize that the TCPA contains two separate provisions with respect to the use of regulated technology to place calls to phone numbers; one applies to cell phones and the other to landlines. But most overlook that the two provisions contain radically different triggers for liability.

Panel Set in Crucial Appeal of TCPA Omnibus Ruling

The DC Circuit Court of Appeal has revealed the panel for the ACA, Intl. proceeding challenging the FCC’s oft-criticized 2015 TCPA Omnibus ruling. The judges assigned are Judges Srinivasan, Pillard, and Edwards.

The FCC’s 2016 BBA Implementing Ruling Digested (Volume 2): The TCPA Does Not Apply to the Federal Government, Except that it Does

The 2016 FCC BBA Order is baffling throughout, but the most mystifying element of the ruling is its sleight of hand with respect to the TCPA’s application to calls made by the Federal government. To be crystal clear—the federal government is not a “person” subject to the TCPA. To be even more crystal clear—yes it is. (If you can follow that logic, you just might have a future in government.)