FCC Asks Court To Stay TCPA Case Pending Agency 'Residential' Line Clarification
The FCC asked a court to suspend its review of a Telephone Consumer Protection Act case so the agency can rule on the regulatory definition of a "residential telephone line," which is central to the litigation. The FCC filed an…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
amicus brief in response to a request from the 2nd U.S. Circuit Court of Appeals that it weigh in on Todd Bank v. Independence Energy Group and Independence Energy Alliance, No. 15-2391. Bank sued the Independence defendants under the TCPA for a call they made to his home "without his consent and using an artificial or prerecorded voice," said the brief, posted on the FCC's website Thursday. The TCPA restricts such calls to residential telephone lines, but the U.S. District Court for the Eastern District of New York said the restrictions didn't apply to Bank's home phone because it was held out for business purposes. The FCC said neither it nor the TCPA had defined the term "residential telephone line," including the extent to which a home line can support business uses and remain "residential." Bank petitioned the FCC to clarify that the TCPA restrictions apply to phone lines used for business purposes if they're registered with the service provider as a residential line, prompting an agency public notice with a comment period ending May 17 (see 1603310045). He also asked the 2nd Circuit to stay his appeal of the lower court ruling pending FCC resolution of the issue. The agency agreed: "The proper course is for this Court to grant Bank’s motion for a stay and, consistent with the doctrine of primary jurisdiction, hold this case in abeyance pending the Commission’s disposition of the petition. The term 'residential telephone line' is a fundamental element of the restrictions on artificial or prerecorded voice calls contained in the TCPA, a statute that the Commission implements and administers. It is accordingly appropriate for this Court to stay its hand to give the Commission an opportunity to address the meaning and scope of the term (as Bank has now requested) in the first instance."