March Madness: Long-Awaited D.C. Circuit Decision Strikes Down Parts of the FCC’s 2015 Omnibus TCPA Order

After keeping us waiting for nearly a year and a half after oral argument in October 2016, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit last week weighed in on the Federal Communications Commission’s (FCC) 2015 Omnibus Telephone Consumer Protection Act (TCPA) Order, which we previously summarized. The court was asked to opine on four aspects of the 2015 Order, including its expanded definition of “automatic telephone dialing system” (more commonly referred to as an “autodialer” or ATDS), restrictions on calling reassigned numbers, and whether and when previously provided consent may be revoked. Although we happily welcome the ruling, we did not get all the answers that industry was likely hoping for. In the 51-page ruling, the court first set aside the FCC’s efforts to “clarify” the definition of “autodialer” and explicitly rejected its expanded definition of “capacity,” holding…

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