The Federal Communications Commission (FCC) needs to develop an updated framework for the Telephone Consumer Protection Act (TCPA), according to a leading Congressman.
After the Ninth Circuit Marks ruling expanded the definition of an autodialer "to equipment that does not possess random or sequential number generators" in contravention of the original 1991 law, the FCC called for more input for its TCPA reform docket.
Not unlike comments filed by the A to Z Communications Coalition and the Insights Association, Rep. Michael Burgess (R-TX-26) sent his own comments to the agency, urging them to protect "consumers while maintaining the ability of good faith callers to contact customers." He noted that the TCPA was:
"not intended to be a barrier to normal communications between businesses and their customers. Under this approach, the FCC should find that only calls made using actual, not theoretical, ATDS capabilities are subject to the TCPA's restrictions. It is now appropriate for the FCC to clarify and modernize the TCPA and its rules to reflect today's consumer environment. Clear rules will allow the FCC to punish illegal actors, while allowing legitimate businesses calling in good faith to remain in compliance."