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Last week, FCC commissioner Michael O’Rielly spoke at an American Collections Association International conference. His remarks are resoundingly positive for our industry:
"With the change in Administration, new leadership at the Commission and a new Bureau head overseeing TCPA, we have the chance to undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the FCC’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither."
Link to FCC Michael O'Reilly's Comments
https://www.dropbox.com/s/0r3fsneobz...ielly.pdf?dl=0
"With the change in Administration, new leadership at the Commission and a new Bureau head overseeing TCPA, we have the chance to undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the FCC’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither."
Link to FCC Michael O'Reilly's Comments
https://www.dropbox.com/s/0r3fsneobz...ielly.pdf?dl=0
