“The Court’s work in this case should be over”: IMC Responds to NCLC’s Effort to Intervene and Revive One-to-One Rule

Add a comment

As TCPAWorld.com readers already know, the NCLC and others attempted to join in the Eleventh Circuit Court of Appeals case involving the FCC’s one-to-one rule.

LONG GAME: Is One-to-One Coming Back in January, 2026? NCLC Wants to Make that Happen– Here’s How It Might

The NCLC wants the Court to reconsider the ruling striking down one-to-one and get ALL of the judges together on the Eleventh Circuit to rule on the issue.

Well today IMC fired back with a very nice brief explaining why there’s zero chance that should happen.

I am pleased to say they hit all the right notes here.

In particular NCLC’s failure to comply with the Hobbs Act timeframe for intervention feels pretty dang dispositive to the Czar.

The brief also points out that NCLC has already filed briefs in the case–so it has already had its say–plus it shouldn’t be allowed to stand in the shoes of the government (that’s just weird.) And hey look, they can have their say with the Commission as part of remand proceedings anyway– so if they want something done from a policy perspective they can do it there.

Now the last point may ring a bit hollow–just being real– but the other points are well made and dead on. Hopefully the court shuts the door on this pretty frivolous intervention effort.

In fact, in light of this filing I think R.E.A.C.H. will likely NOT be seeking to intervene after all– but need to discuss with the board to make sure.

We’ll keep an eye on this.

Full brief here: Brief Opposing NCLC

Also, if you don’t have your LCOC tickets yet, you might want to grab them before they sell out. Announcement coming soon that will make it tough to get a ticket. 😉

Chat soon.

Discover more from TCPAWorld

Subscribe to get the latest posts sent to your email.

Categories:

Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

Leave a Reply