Another Month Passes Without TCPA Rulemaking on the FCC’s Agenda

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Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass without guidance from the FCC following the D.C. Circuit’s March 2018 decision in ACA Int’l, et al. v. FCC, 885 F.3d 687 (D.C. Cir. 2018).

As a reminder, ACA Int’l vacated part of the FCC’s 2015 Rules and Regulations Implementing the TCPA, including what constitutes an automated telephone dialing system and how to treat reassigned bank data numbers. In the wake of ACA Int’l and the subsequent scrambling of courts filling the post-ACA Int’l TCPA-void, courts and parties alike have been eagerly awaiting new rules and regulations from the FCC. The release of the May Open Commission Meeting Agenda confirms that those parties will have to wait at least another month for some much-needed TCPA clarification.



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David M. Gettings
Dave is a partner of the firm who focuses on defending clients in consumer class actions and complex commercial litigation nationwide, particularly cases involving a variety of federal and state laws and regulations, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer