On Tuesday a block of 14 Democratic senators led by Massachusetts Senators Markey and Warren, but including Bernie Sanders and many others– sent a letter to FCC Chairman Ajit Pai asking the FCC to maintain most of its robocall protections under the TCPA following ACA Int’l. The letter can be found here.
The letter focuses on three key issues. First it asks the Commission to broadly interpret the phrase ATDS to “comprehensively” cover autodialers, while carving out every day devices like smartphones from the statute’s coverage. This, of course, is designed to address the growing push for limiting the definition of ATDS to the statutory requirements of random or sequential number generation.
Next, it urges the Commission to interpret “called party” to mean the “actual party that is called”–whatever that means–and not the intended recipient. This comes in response to the FCC’s Public Notice that seems to favor the “expected recipient” definition of “called party.”
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