CTIA, Sirius Among Those With Concerns on TCPA Order, They Tell DC Circuit
ACA International, Exacttarget, Consumer Bankers Association, The Professional Association for Customer Engagement, Portfolio Recover Associates, Salesforce.com, Sirius XM, U.S. Chamber of Commerce and Vibes Media filed a joint amicus brief against the FCC's recent order (see 1507130039) interpreting the Telephone…
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Consumer Protection Act, in the U.S. Court of Appeals for the D.C. Circuit in docket 15-1211. The order embraces a "self-contradictory definition" of automatic telephone dialing system (ATDS) that "severely curtails a wide range of legitimate communications that Congress never sought to restrict," the brief said. The order asks whether equipment could be modified to store or produce random or sequential numbers, dial numbers randomly or sequentially, or dial phone numbers without human intervention -- rather than focusing on the present ability of equipment to perform all of the statutorily defined tasks, the brief said. "Contrary to the First Amendment and common sense, the order threatens to turn even an ordinary smartphone into an ATDS." CTIA is concerned that if the FCC's order is left as-is, it could cause many wireless industry callers and message senders to cease offering the information, services and communications that wireless customers desire and consent to receive, the organization said in its notice of intent to file brief as amicus curiae in support of petitioners. The American Gas Association, Edison Electric Institute, National Association of Water Companies, National Association of Chain Drug Stores and National Rural Electric Cooperative Association also filed amici briefs.