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CHAMBER COALITION PRESSES FCC TO ACT ON ATDS DEFINITION

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Led by the US Chamber of Commerce (Chamber), a coalition of seventeen groups representing financial institutions, healthcare managers, insurance companies and retail and restaurant businesses (Coalition) has pressed the Federal Communications Commission (FCC) “to clarify expeditiously the Telephone Consumer Protection Act’s …definition of automatic telephone dialing system….” The vehicle for such action would be a Petition filed “more than 21 months ago,” in May of 2018, by a number of the signatories to the ex parte presentation submitted to the FCC on February 5.

With FCC and, now, Congressional initiatives to combat illegal calls in place and in the process of being implemented, the Coalition urges the FCC to “take action to ensure that consumers receive the important, and often time-sensitive, informational calls that legitimate businesses place….” At the top of the list is that it is “imperative that the Commission take action to ensure that the definition of [automatic telephone dialing system] ATDS conforms to the text of the statute and provides certainty for actors in the calling ecosystem.”

The May 2018 Petition made “two common sense requests” that the Chamber urges action on for five specified reasons.

The requests asked the FCC to “‘(1) make clear that to be an ATDS, equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human intervention, and (2) find that only calls made using actual ATDS capabilities are subject to the TCPA’s restrictions.’”

The five specified reasons put forth by the ex parte filers are as follows:

The Coalition presentation was filed in FCC CG Docket Nos. 02-278 and 18-152. These proceedings have been the repository for many comments on the subject since the Commission sought input on the ATDS question in the aftermath of the District of Columbia Circuit’s ACA International decision. The dockets remain open and there is plenty of room for more comments that would urge FCC action on this issue central to the application of the TCPA.

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