D.C. Circuit Issues Partial Reversal of Wheeler-Era Robocall Decision
The US Court of Appeals for the DC Circuit has decided that not every smartphone is an autodialer subject to the restrictions of the Telephone Consumer Protection Act (TCPA). In a decision released March 16, the court reversed a 2015 Federal Communications Commission decision that robocalls to numbers of consenting parties that were subsequently transferred to nonconsenting parties violated the TCPA as well as the FCC's definition of the autodialers (automatic telephone dialing system, or ATDS) that can't be used without the call (or text) recipient's prior permission.