TCPA FCC Petitions Tracker – June 2021 | Kelley Drye & Warren LLP


I. New and Noteworthy
II. Awaiting Decision (Items on “Circulation”)
III. Other Pending Petitions
a. Petitions Seeking to Establish or Modify Exemptions to TCPA Consent Requirements
b. Petitions Relating to “Prior Express Written Consent”
c. Petitions Relating to Automatic Telephone Dialing Systems (ATDS)
d. Petitions Relating to “Junk” Faxing Rules
e. Other Petitions

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be primary jurisdiction referrals or be presented directly by a litigant in a TCPA action. The FCC currently has a number of petitions pending related to TCPA interpretation. The tracker below briefly summarizes each petition and the issues presented in them.

Number of Petitions Pending

New Petitions Filed

Upcoming Comments

Decisions Released

28 petitions pending

1 petition for reconsideration of the rules to implement the government debt collection exemption

1 application for review of the decision to deny a request for an exemption of the prior express consent requirement of the TCPA for “mortgage servicing calls”

1 request for reconsideration of the 10/14/16 waiver of the prior express written consent rule granted to 7 petitioners

 

 

 

New and Noteworthy

Awaiting Decision (Items on “Circulation”)

Other Pending Petitions

Petitions are grouped by their primary subject matter.

Petitions Seeking to Establish or Modify Exemptions to TCPA Consent Requirements

1. Broadnet Teleservices. LLC – Petition for Reconsideration (filed Jan. 13, 2021)

2. Assurance IQ, LLC (filed May 12, 2020)

3. American Bankers Association et al. (filed March 30, 2020)

4. Lucas Cranor (filed December 17, 2019)

5. IHS Markit Ltd. – Petition for Emergency Declaratory Ruling (filed September 21, 2018)

6. Federal Housing Finance Authority (filed November 15, 2017)

7. Credit Union National Association (filed September 29, 2017)

8. Great Lakes Higher Education Corp. et al. (filed December 16, 2016)

9. Anthem, Inc.; Blue Cross Blue Shield Association; Wellcare Health Plans, Inc.; American Association of Healthcare Administrative Management (filed July 28, 2016)

10. American Bankers Association (filed August 8, 2015)

Petitions Relating to Obtaining or Revoking “Prior Express Written Consent”

3. Patrick Maupin (filed June 21, 2019)

4. Life Insurance Direct Marketing Association et al. (filed June 18, 2018)

5. Cunningham and Moskowitz (filed Jan. 22, 2017)

6. Network Communications International Corp. (filed May 10, 2016)

7. Mobile Media Technologies (filed March 7, 2016)

Petitions Relating to Automatic Telephone Dialing Systems (ATDS)

1. US Chamber of Commerce Institute for Legal Reform et al. (filed May 3, 2018)

Petitions Relating to “Junk” Faxing Rules

1. Cin-Q Automobiles, Inc. (October 21, 2020)

2. Anderson + Wanca (filed October 5, 2020)

3.Best Doctors, Inc., Petition for Declaratory Ruling (filed Dec. 14, 2018)

4. Inovalon​ (filed February 19, 2018)

5. M3 USA Corporation (filed March 20, 2017)

6. RingCentral, Inc. (filed July 6, 2016)

3. Todd C. Bank (filed March 7, 2016)

4. Vincent Lucas (filed June 18, 2014)

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