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Ajit Pai Celebrates After Court Strikes Down Obama-Era Robocall Rule (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: Federal judges have struck down an anti-robocall rule, saying that the Federal Communications Commission improperly treated every American who owns a smartphone as a potential robocaller. The FCC won't be appealing the court decision, as Chairman Ajit Pai opposed the rule changes when they were implemented by the commission's then-Democratic majority in 2015. Pai issued a statement praising the judges for the decision Friday, calling the now-vacated rule "yet another example of the prior FCC's disregard for the law and regulatory overreach." The FCC's 2015 decision said that a device meets the Telephone Consumer Protection Act (TCPA) definition of an "autodialer" if it can be modified to make robocalls, even if the smartphone user hasn't actually downloaded an autodialing app. That interpretation treats all smartphones as autodialers because any smartphone has the capability of downloading an autodialing app, judges ruled. Since any call made by an autodialer could violate anti-robocall rules, this led to a troubling conclusion: judges said that an unwanted call from a smartphone could violate anti-robocall rules even if the smartphone user hasn't downloaded an autodialing app.
"The Commission's understanding would appear to subject ordinary calls from any conventional smartphone to the Act's coverage, an unreasonably expansive interpretation of the statute," a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said in a unanimous ruling Friday. The ruling came in a case filed against the FCC by the Association of Credit and Collection Professionals, which says it represents "third-party collection agencies, law firms, asset buying companies, creditors, and vendor affiliates." Judges also invalidated an FCC rule that helped protect consumers from robocalls to reassigned phone numbers.
"The Commission's understanding would appear to subject ordinary calls from any conventional smartphone to the Act's coverage, an unreasonably expansive interpretation of the statute," a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said in a unanimous ruling Friday. The ruling came in a case filed against the FCC by the Association of Credit and Collection Professionals, which says it represents "third-party collection agencies, law firms, asset buying companies, creditors, and vendor affiliates." Judges also invalidated an FCC rule that helped protect consumers from robocalls to reassigned phone numbers.
TFA, and another poster, point out that this rule has been vacated (not just modified) so now there may be no legal restrictions on robocall devices.
Unless, of course, the current board passes a new regulation. [*crickets*]
TFA and the other poster clearly didn't read the opinion. The TCPA as a whole remains intact -- the only nuances that were rolled back were (1) the FCC's prior interpretation that smartphones constituted automated telephone dialing systems, and (2) the FCC's prior interpretation that companies using automatic dialers could be held liable for calling a phone number that used to be owned by someone who had given the company consent to call them, but then was (unbeknownst to the caller) transferred to someone else.
Meanwhile, as was all over the news at the time, the FCC actually issued MORE rules clamping down MORE on actual robocallers back in November. Crickets indeed.