So as I have been saying for years now, the TCPA simply does not work to prevent the sort of scam robocalls that are driving Americans crazy.
The solution to the problem is so incredibly simple that it defies logic that Congress hasn’t acted on it–ban robocalls not based upon the technology used to send calls but based upon the actual content of the calls.
Notably the carriers are already deploying call blocking efforts focused on the content of calls–probably illegally–despite a complete lack of statutory authority from Congress to do so. But all litigants are forced to try their cases against scammers by proving–for some unknown reason–that they made their call using an ATDS or a prerecorded voice message.
So in steps the National Consumer Law Center–frequent advocates for a broad TCPA–flush with cash from all their recent TCPA settlement cy pres deposits. Per usual the NCLC is pushing for a broader TCPA, but in a new ex parte submission to the FCC they actually hit on a concept I agree with–look at that!–although not in a context I agree with.
In their new filing–available here NCLC ex Parte–the NCLC asks the FCC to clarify that scam calls do not fit within the exemptions the Commission just clarified with respect to prerecorded calls to landlines.
TCPA.World readers will recall that the FCC previously exempted all non-marketing commercial messages to landline phones made using prerecorded calls. But the TRACED Act…
