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National Restaurant Association - Telephone Consumer Protection Act

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Telephone Consumer Protection Act

Case: ACA International v. FCC

Status: Pending, D.C. Circuit Court of Appeals

Issue: The D.C. Circuit Court of Appeals heard arguments in October 2016 in a case that challenges the Federal Communications Commission's interpretation of an “autodialer” ban.

  • We filed an amicus brief in the case in 2015, saying the FCC's vague definitions have taken the ban too far and subject businesses to huge potential liability and fines even for the use of regular smartphones to make regular business text/phone contacts with customers, or for dialing numbers that have been reassigned to new users.
  • In our brief, we joined with retailer groups to urge the court to vacate two provisions of the FCC's July 2015 Order that reinterprets the obligations of businesses under the Telephone Consumer Protection Act. The TCPA was enacted in 1991 to protect Americans from abusive telemarketing calls, but in recent years has become an engine for abusive lawyer-driven class-action litigation. Restaurant companies are among thousands of businesses facing lawsuit threats for sending business-related text messages.


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