News : PACE Files Challenge to FCC's TCPA Order
Indianapolis, IN, USA, Nov. 30, 2015 -- The Professional Association for Customer Engagement (PACE) has filed the opening brief in its appellate challenge to the Federal Communications Commission's recent order interpreting the Telephone Consumer Protection Act of 1991 (TCPA).
In the challenged order, the Commission misinterpreted this focused law and concluded that it applies to a broad array of common, beneficial dialing equipment. The Commission's order threatens to subject even routine phone calls or text messages from smartphones and ordinary office phones to liability under the TCPA. This unlawful interpretation of the TCPA affects every modern organization that makes phone calls or sends text messages. That result is contrary to Congress's intent, the First Amendment, and common sense.
Separately, the Commission imposed liability on a caller if it dials a consumer who agreed to be contacted, but unexpectedly reaches someone else because the consumer's phone number has been reassigned.
These misguided rulings jeopardize desirable communications that Congress never intended to restrict, and they will encourage wasteful class actions seeking crippling statutory penalties. In this brief, PACE, along with nine other businesses and associations, has asked the U.S. Court of Appeals for the D.C. Circuit to set aside these unlawful aspects of the Commission's order.
Shay Dvoretzky, a Partner in Jones Day's Issues & Appeals practice, is lead appellate counsel for PACE. He is available to answer questions about the brief.
Michele Shuster, General Counsel for PACE and a Partner with Mac Murray, Petersen and Shuster, can be contacted for general questions by PACE members about PACE's appeal.
Posted by Veronica Silva Cusi, news correspondent
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About Pace Professional Association:
PACE is the only non-profit trade organization dedicated exclusively to the advancement of companies that use a multi-channel approach to engaging their customers, both business to business and business to consumer.
About Federal Communications Commission:
The Federal Communications Commission (FCC) is an independent agency of the United States government, created by Congressional statute (see 47 U.S.C. § 151 and 47 U.S.C. § 154), and with the majority of its commissioners appointed by the current President. The FCC works towards six goals in the areas of broadband, competition, the spectrum, the media, public safety and homeland security. The Commission is also in the process of modernizing itself.
Published: Wednesday, December 2, 2015