D.C. Circuit Vacates Portions of FCC’s July 2015 Order
The long awaited opinion from the D.C. Circuit has arrived and it has caused even more confusion in the ever-changing landscape of the TCPA. The Court addressed three key areas of the July 2015 Order: the definition of an ATDS, reassigned numbers, and revocation of consent. The Court struck down the FCC’s expansive definition of what constitutes an auto dialer under the TCPA. The Court set aside the portion of the July 2015 Order, which stated the word capacity, refers not to the equipment’s present capacity but to its potential capacity in the future. Next, the Court addressed calls to reassigned numbers. The Court set aside the FCC’s one-call, post-reassignment safe harbor and the FCC’s treatment of reassigned numbers as a whole. The last key portion of the D.C. Circuit’s opinion was on the revocation of consent. The D.C. Circuit upheld the portion of the July 2015 Order that allows consumers to revoke consent through any reasonable means (ex. oral revocation). In sum, the D.C. Circuit opinion narrows the definition of an auto dialer, eliminates the treatment of reassigned numbers, and continues to allow consumers to orally revoke their consent to be called on their cell phone.
If you believe that you are receiving auto-dialed or pre-recorded phone calls from a creditor or any other company who is attempting to collect a debt, you should contact a qualified attorney immediately.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. We have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.