Comm O'Rielly Remarks at ACA International's Washington Insights Conference

Thank you for inviting me to join you today to discuss the Telephone Consumer Protection Act of 1991, or TCPA. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the Federal Communications Commission’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither. Recognizing this reality, I would like to outline three overarching points to help frame the discussion and guide the adoption of any replacement rules.
1) Legitimate Businesses Should be Able to Make Informational and Telemarketing Calls
2) Valid Callers Should be Able to Operate in an Efficient Manner
3) The Commission Should Focus on Actual Harms and Real Bad Actors