On Friday, July 10, 2015, the Federal Communications Commission issued its long-awaited Declaratory Ruling and Order on the Telephone Consumer Protection Act that it approved almost a month ago at its June 18 open meeting. According to Chairman Wheeler, the Ruling, which went into effect immediately, addresses several key issues raised in dozens of petitions that were filed with the Commission in recent years and is “one of the most significant FCC consumer protection actions since it established the Do-Not-Call Registry with the FTC in 2003.”
The Ruling is not favorable to industry and will significantly impact how companies in all business sectors communicate with customers and prospects via telephone and text message. Of particular concern are aspects of the Ruling that attach liability for actions that are beyond a calling party’s control. Given these and other concerns raised by the Ruling, many companies and industry groups alarmed by the FCC’s actions are considering challenging the Ruling in court, and one industry group reportedly filed a lawsuit on the day the Ruling was issued claiming that “the FCC has gotten it wrong and has overstepped its bounds.” Despite these efforts, we anticipate an increase in TCPA-related class action lawsuits and government enforcement actions since the Ruling goes into effect immediately.
In a complimentary webinar hosted by Manatt Christine M. Reilly and Marc Roth, co-chairs of the firm’s TCPA Compliance and Class Action Defense Group, will report on the Ruling, examine its implications and provide valuable guidance on how to stay compliant and avoid pitfalls. Save the date, July 30, and plan to attend “Call to Action: Understanding and Complying with the FCC’s New TCPA Ruling.” The program will address a host of issues covered by the new ruling, including a consumer’s right to revoke prior consent, a company’s liability for calling and texting reassigned mobile numbers, exemptions for certain financial and healthcare-related calls/texts, and the expanded definition of autodialer.
Don’t miss this opportunity to learn firsthand how to structure programs and develop strategies to mitigate risk and avoid liability, while remaining competitive in the marketplace. This program will also highlight some bright spots for healthcare providers and financial firms, as well as third-party service providers, texting vendors and app developers.
Click here to view the recording of this webinar.