NCLC, Other Groups Appeal FCC CGB P2P Text Declaratory Ruling
The National Consumer Law Center and five other groups appealed to the FCC Friday the Consumer & Governmental Affairs Bureau’s June declaratory ruling Telephone Consumer Protection Act rules don’t apply to peer-to-peer texts to cellphones. NCLC and the Consumer Federation…
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of America, Consumer Action, Electronic Privacy Information Center, Public Knowledge and the National Association of Consumer Advocates urged CGB last year to deny the P2P Alliance petition (see 1907120056). The ruling “repeatedly characterizes the statutory definition of” an automated telephone dialing system “in ways that deviate from the statutory language, and conflict with each other, with the Commission’s rulings, and with prevailing case law,” they said in docket 02-278. The decision “fails to reconcile its interpretation of an ATDS with recent decisions in” the 2nd and 9th U.S. Circuit Courts of Appeal. They said the decision “ignores the actual automated capacity of the P2P systems and fails to apply the TCPA’s fundamental principle that the definition of ATDS refers to the ‘capacity’ of the ‘equipment’ used by the caller, not on how the individual calls are sent out.” NCLC Senior Counsel Margot Saunders cited pandemic and election texts.