11th Circuit Finds that FCC Overstepped TCPA Bounds With 2023 Robocall Order
The FCC overstepped its statutory boundaries in trying to implement the Telephone Consumer Protection Act, the 11th U.S. Circuit Court of Appeals said Friday, as it vacated part of the agency's 2023 robocall amid robotext order. In a 23-page decision…
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(docket 24-10277), Judges Elizabeth Branch, Robert Luck and Barbara Lagoa sided with petitioner Insurance Marketing Coalition and said the 2023 order sets rules that conflict with the ordinary statutory meaning of the TCPA's "prior express consent" language. The 11th Circuit vacated the portion of the order that states that a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit also remanded the order back to the FCC for further proceedings.