Impact of the FCC’s 2015 Declaratory Ruling and Order on TCPA Claims

The 2015 Declaratory Ruling and Order

On July 10, 2015, the Federal Communications Commission (FCC) released the text of the new Declaratory Ruling and Order on the TCPA, which was signed into legislature on June 18, 2015. The ruling rejects industry attempts to side step the TCPA by requesting an unduly narrow definition of which types of equipment does fall within the “autodialer” definition.  It also confirms consumers the right to revoke their initial consent, specifies liability for calls made to phone numbers that have been reassigned, and creates new exceptions for certain calls..

How the FCC’s 2015 Declaratory Ruling and Order will Impact TCPA Claims

The Declaratory Ruling and Order protects consumer and insures that business do not impair a person’s rights under the TCPA.. The 2015 Order provides:

  • Telephone service providers are now allowed to offer customers services that will block robocalls;
  • Consumers are given broad ability to revoke prior consent to receive robocalls or text messages “in any reasonable way at any time,” which will require businesses to ensure they are tracking and recording consent;
  • Entities must stop calling phone numbers that have been reassigned after one phone call;
  • The FCC has defined that “autodialer” can be a telephone system that has the statutory capacity if it is potentially capable to dial random or subsequent numbers;
  • The FCC rejected the human intervention test to determine whether a system is an autodialer; and
  • Text messages are subject to the same restrictions as voice calls,.

If your rights have been violated under TCPA laws, you should contact an experienced Illinois TCPA law attorney. Call Keogh Law Ltd. to help you not only put a stop to the calls, but also get you the compensation you are entitled to. Contact us today at (866) 726-1092.

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