Yesterday, the Federal Communications Commission (FCC) once again demonstrated to businesses the wisdom of that old adage, “be careful what you ask for.” The Telephone Consumer Protection Act (TCPA) protects consumers from unwanted telephone calls and text messages and has created a cottage industry for the plaintiffs’ bar bringing a tsunami of individual and class actions seeking to collect the statutory $500 to $1,500 per-call penalties.

Frustrated, industry groups have long petitioned the FCC to clarify and explain ambiguities that make compliance with the Act extremely difficult, but for a number of years the FCC avoided responding to all but the simplest inquiries. Finally, on June 18, 2015, the FCC responded … and the news is troubling for businesses. In a 3-to-2 decision, divided along party lines, the FCC Commissioners voted to issue a consumer-friendly ruling that will have significant implications for complying with the TCPA.

Click here to read the issued Client Alert on this issue.