A group of 14 Senate Democrats have sent a letter to the chairman of the Federal Communications Commission, urging the agency to adopt broader consumer protections related to automated telephone dialing systems, reassigned phone numbers, and consent revocation as it considers a new rule to replace parts of one that was recently struck down by the Court of Appeals for the District of Columbia.
The letter comes as the Senate and the House of Representatives have had bills introduced that would accomplish the very same protections, if enacted. A copy of the letter can be accessed by clicking here.
The FCC is seeking comments on a proposed rule that would interpret the Telephone Consumer Protection Act. Parts of a 2015 Declaratory Order issued by the FCC, including the definition of what constitutes an automated telephone dialing system, were struck down in a March ruling by the D.C. Court of Appeals in ACA International v. FCC.
In attempting to protect consumers from unwanted robocalls and text messages, the Senators are asking the FCC for the following:
- A “comprehensive” ATDS definition. “We urge you to establish a comprehensive definition of the term auto dialer, and use the FCC’s exemption authority to carve out ordinary devices like smartphones that are not being ordinarily used to auto dial consumers en masse. Doing so ensures calling parties using automated dialing equipment to make calls or texts en masse must first obtain affirmative consent from consumers. Further, the FCC should uphold Congress’ intent to cover all callers using auto dialers, not exclusively those using artificial-voice or prerecorded messages.”
- Reassigned number protections. “We encourage you to maintain aggressive protections restricting unwanted calls and texts to reassigned numbers. To do so, the FCC should reaffirm that the term ‘called party’ means the actual party is called, not the intended recipient of the call. The FCC should also ensure that callers continue to face liabilities for these illegal calls and texts in any future TCPA order or rulemaking.”
- Revocation of consent. “We respectfully request that you reiterate that consumers always have the right to revoke consent regardless of any contractual clauses that may be included in agreements. We also request that you require callers to notify consumers of their right to revoke consent.”
