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FCC Approach on TCPA Appears To Be Anti-business, U.S. Chamber Says

The FCC shouldn't approve a declaratory ruling on the Telephone Consumer Protection Act that's anti-business, the U.S. Chamber of Commerce said in a letter Thursday to the agency. The Chamber agrees consumers should “not be barraged with unwanted calls,” but…

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most signs are the commission’s approach isn't balanced, the Chamber said. Industry and FCC officials have said they expect a big fight at the FCC June 18 when commissioners vote on the item (see 1506030043). The Chamber is widely viewed as the nation’s single most powerful trade association. "The Chamber is concerned that in addressing over 20 pending TCPA petitions in one omnibus ruling that appears focused on ‘protecting’ consumers at all costs, the proposed ruling has not taken a balanced approach to the petitions,” the group said. “The goal should be not only to safeguard consumers, but also to protect businesses against abusive litigation filed under a statute that, when passed by Congress in 1991, was not intended to be enforced in such a manner against businesses calling their own customers.” The ruling appears to draw no distinction “between abusive telemarketers (who are the intended target of the TCPA’s autodialer restrictions) and the legitimate businesses who make targeted communications to their customers at customer-provided numbers,” the Chamber said. It's been active in supporting various TCPA petitions seeking to curb lawsuits filed under the act. The U.S. Chamber Institute for Legal Reform also signed off the filing in docket 02-278.