Briefing: D.C. Circuit Rules on FCC 2015 TCPA Omnibus Order: What Does It Mean?

Webcast: April 3, 2018

1:00 PM Eastern

The D.C. Circuit recently issued its long-awaited decision in ACA Int’l v. FCC , where it upheld certain FCC rulings from its 2015 Omnibus Ruling and Order and vacated others. The decision keeps intact the FCC’s ruling on the ability to revoke prior consent and an exemption from liability for certain urgent healthcare-related calls/messages. On the other hand, the decision vacates the FCC’s expansive definition of an autodialer and the strict liability for calling reassigned numbers, but offers industry and other courts no definitive guidance on how these issues should be addressed in the future. Thus, the decision presents companies that communicate with consumers and businesses by telephone and text message with continued uncertainty on these issues.

The decision was praised by Republican commissioners Michael O’Rielly and Brendan Carr as well Chairman Ajit Pai, with Commissioner O’Rielly claiming that the decision “rejects the former Commission’s  misguided interpretation of the law, inappropriate expansion of scope, and irrational view of reassigned numbers.”

Davis Wright Tremaine LLP attorneys Marc S. Roth and Ronald G. London will provide a detailed analysis of the court’s reasoning behind its findings, its implications for corporate compliance going forward and what guidance it provides for courts when faced with claims involving autodialers and reassigned numbers. Topics to be covered include:

• The court’s reasoning in striking down the FCC’s broad definition of an autodialer and the expected impact this analysis will have on courts addressing this issue in the future
• How the court’s vacating the FCC’s ruling on reassigned numbers will impact other courts presented with this issue
• How the current political make-up of the FCC leadership will respond to the decision

For more information or to register, please click here.