Rewrite Autodialler Definitions, Association Urges FTC

In the US, the Insights Association has joined with fellow industry body the A to Z Communications Coalition to urge the FCC to continue with a proposed rewrite of the TCPA legislation and definitions, notwithstanding a recent Court of Appeals judgement.

The associations say the definition of an autodialler should follow the spirit of Congress' legislation in 1991, and not follow the lead of the recent 9th Circuit Marks decision, which expanded the definition to include 'equipment that does not possess random or sequential number generators'. This went against a recent decision by the DC Circuit Court which had triggered a rewrite of the TCPA, causing the FCC to seek advice on whether and in what form the rewrite should now proceed.

The issue hinges on the interpretation of the phrase 'using a random or sequential number generator'. Despite the Marks decision, the associations believe that 'the FCC is free to move forward with an interpretation of the statute that differs from the Ninth Circuit's reading, so long as the interpretation is otherwise reasonable'.

The associations conclude that, the FCC should focus efforts on 'meaningful call abatement measures... rather than on expanding the scope of an ATDS [to equipment that does not possess random or sequential number generators] in a misguided attempt to declare legitimate business practices (and necessary or desired communications) to be unlawful'.

The document stresses that 'the TCPA makes it exceptionally challenging, and legally hazardous, for telephone survey researchers to connect with the 67.6 percent of American households who are essentially only reachable on their wireless phones'.

More information at www.insightsassociation.org/article/coalition-urges-fcc-adopt-autodialer-definition-consistent-1991-law .