A Look at the District Circuit Court’s TCPA Ruling
ABA Consumer Financial Services Committee
Business Law Section Spring 2018 Meeting
On Friday, March 16, 2018, the U.S. Circuit Court for the District of Columbia Circuit issued a significant opinion regarding the Telephone Consumer Protection Act (TCPA) that will have an impact on compliance programs and litigation strategy for years to come. The D.C. Circuit vacated some important holdings of the Federal Communications Commission’s July 10, 2015 Order on the TCPA, while upholding several others. The Court seemed to invite the FCC to fix numerous problems with the FCC’s prior TCPA rulings, leaving uncertainty for businesses seeking to comply with the TCPA, but providing litigators with numerous new arguments to use in contentious TCPA litigation.
Member Lauren Campisi (New Orleans) participated in a panel discussion on the TCPA ruling during the ABA’s Consumer Financial Services Committee Business Law Section Spring 2018 Meeting in Orlando, Florida on Friday, April 13. The panel addressed the D.C. Circuit’s ruling, new compliance challenges posed by the ruling, and new litigation strategies and attempted to answer questions about what may be coming down the pike from the FCC.