Unfair Attack? NCLC Works Hard to Convince FCC That Legitimate American Businesses Are to Blame For Majority of Robocalls in Robust TCPA Comment

[Authors Note: The following is just my opinion. It does not represent the views of my firm, my partners or my clients. But I happen to think I’m right on this, so I’m going to share it with TCPAland.]

The National Consumer Law Center (“NCLC”) submitted perhaps the most comprehensive pro-consumer comment in response to the FCC’s recent Public Notice seeking comment on the scope and architecture of the Telephone Consumer Protection Act (“TCPA”).

The Comment takes on an ambitious project–convincing the FCC that legitimate American businesses are primarily responsible for the scourge of robocalls that are plaguing this country. By extension the NCLC urges that the FCC must continue to read the TCPA–which prevents calls made using certain regulated technologies without consent– broadly so as to encourage more lawsuits against these businesses to keep their calling practices in check. Unfortunately the NCLC resorts to questionable and cherry-picked data–as well as to some unproven hearsay claims–to support its position.

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