PACE Files Challenge To FCC's TCPA Order

Nov 30, 2015, 13:22 ET from PACE

INDIANAPOLIS, Nov. 30, 2015 /PRNewswire/ -- The Professional Association for Customer Engagement (PACE) today filed the opening brief in its appellate challenge to the Federal Communications Commission's recent order interpreting the Telephone Consumer Protection Act of 1991 (TCPA).

In the challenged order, the Commission misinterpreted this focused law and concluded that it applies to a broad array of common, beneficial dialing equipment.  The Commission's order threatens to subject even routine phone calls or text messages from smartphones and ordinary office phones to liability under the TCPA.  This unlawful interpretation of the TCPA affects every modern organization that makes phone calls or sends text messages.  That result is contrary to Congress's intent, the First Amendment, and common sense. 

Separately, the Commission imposed liability on a caller if it dials a consumer who agreed to be contacted, but unexpectedly reaches someone else because the consumer's phone number has been reassigned. 

These misguided rulings jeopardize desirable communications that Congress never intended to restrict, and they will encourage wasteful class actions seeking crippling statutory penalties.  In this brief, PACE, along with nine other businesses and associations, has asked the U.S. Court of Appeals for the D.C. Circuit to set aside these unlawful aspects of the Commission's order. 

Shay Dvoretzky, a Partner in Jones Day's Issues & Appeals practice, is lead appellate counsel for PACE.  He is available to answer questions about the brief.

Michele Shuster, General Counsel for PACE and a Partner with Mac Murray, Petersen and Shuster, can be contacted for general questions by PACE members about PACE's appeal.

About PACE:

PACE is the only non-profit trade organization dedicated exclusively to the advancement of companies that use a multi-channel approach to engaging their customers.  A core mission of PACE is dedicated to proactively balancing industry best practices with current regulatory standards around using these channels when contacting customers. Our membership is made up of Fortune 500 companies, contact centers and technology suppliers that enable companies to contact their customers based on their preferred method.

About Jones Day:

Jones Day is a global law firm with 41 offices in major centers of business and finance throughout the world. Its unique governance system fosters an unparalleled level of integration and contributes to its perennial ranking as among the best in the world in client service.

Media Contact:

Chris Haerich