With the D.C. Circuit Court of Appeal issuing its mandate following the ACA Int’l ruling last week, the ball was back in the FCC’s courts to address the architecture and reach of the TCPA.
Today the FCC formally began the process of re-considering its 2015 TCPA Omnibus ruling by issuing a Public Notice seeking guidance on, inter alia: i) the definition of ATDS; ii) the definition of “called party”–including the “expected recipient” approach; iii) possibly creating a standard form of revocation; iv) whether or not the federal government is a “person”; and v) the interaction between Broadnet (federal government is not a person) and the Order implementing the BBA amendment carving out calls on government-backed debt (this may mean that the FCC’s entire implementing order regarding such calls is open for reconsideration).
This is obviously a huge development. Look for more information and analysis over the next few days.