FCC Responds In Consolidated Appeal From Its July 2015 Omnibus Ruling

This article originally appeared on www.tcpablog.com.  It is republished with permission from the authors (Laura H. Phillips, Seamus C. Duffy, Meredith C. Slawe, Michael W. McTigue Jr., Justin O. Kay, and Michael P. Daly).

On Friday, January 15, 2016, the Federal Communications Commission filed its response to the arguments of the joint Petitioners in the consolidated appeal from its July 10, 2015 Omnibus Ruling. The Commission’s brief addresses the scope of its statutory authority, the definition of an “automatic telephone dialing system” (“ATDS”), the meaning of “called party” and the potential liability for calls to recycled numbers, the ability to revoke consent, healthcare-related calls and the emergency purpose exception, and First Amendment challenges to the Commission’s interpretations of the statute. Its main arguments are summarized below.

The Commission’s Statutory Authority

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