Healthcare-related exception in FCC TCPA order upheld

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to the FCC’s determination on healthcare calls and three other rulings relating to cell phones. The appellate court upheld an exception for certain “emergency” healthcare-related calls, as well as the FCC’s determination that consumers can revoke consent to receive marketing calls by “any reasonable means” that clearly expresses the desire to receive no further messages from the caller. On the other hand, the court set aside the FCC’s decision regarding the definition of an “automatic telephone dialing system” (ATDS), and how callers can deal with reassigned numbers where the previous owner had consented to receive marketing calls. Background On July 10, 2015, the FCC released a 105 page omnibus declaratory ruling and order (Order)…

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