FCC’s O’Rielly Calls For “Rational’ Changes” To TCPA

Federal Communications Commissioner (FCC) Michael O’Rielly recently called for changes to the Telephone Consumer Protection Act (TCPA), asking the agency to implement “clear and rational” rules that allow legitimate businesses to provide customers with information they want and focus on combating practices that cause actual harm.

O’Rielly made his remarks during a conference hosted by debt collector trade group ACA International. While one may question whether O’Rielly was pandering to an audience filled with entities that make telemarketing calls and texts and send marketing faxes, the fact is that class action lawsuits that claim TCPA violations are among the most commonly filed federal lawsuits in the country. That said, O’Rielly made clear that he would like to decrease companies’ legal liability for making telemarketing calls and marketing texts and faxes.

The TCPA is supposed to curb annoying and harassing unsolicited marketing communications. At the same time, O’Rielly would like to limit the TCPA’s application to valid telemarketing calls or texts, calling advertising “an essential component of our economy.”

Time will tell whether the FCC will loosen TCPA restrictions and whether consumers would benefit from such changes. As it stands now, even in the face of strict TCPA standards, consumer face a daily barrage of unsolicited marketing calls and texts to their cell phones and businesses’ fax machines often are tied up receiving marketing faxes. We are skeptical whether O’Rielly’s suggestions would benefit anyone other than companies trying to increase their revenue through mass marketing.

Have you received a spam text or spam call?

If you have been harassed by unwanted, auto-dialed telemarketing calls, you may have rights that require legal attention.

If you have received harassing robocalls, call a Dimond Kaplan & Rothstein, P.A. lawyer for a free consultation about your rights.