FCC Narrowly Adopts TCPA Declaratory Ruling

In its Open Meeting last Thursday, the Federal Communications Commission (the "FCC" or "Commission") adopted what has been called a "package of declaratory rulings." The narrowly passed TCPA Declaratory Ruling and Order (FCC 15-72), which has not yet been officially released, will address 21 petitions and other requests for clarity concerning the FCC's interpretation of the Telephone Consumer Protection Act ("TCPA").

How will the FCC's new ruling affect telemarketers' TCPA compliance practices?

With its announcement in late May, the Commission heralded the forthcoming TCPA Declaratory Ruling as "one of the most significant FCC consumer protection actions since it established the Do-Not-Call Registry with the FTC in 2003." Although the ruling was ultimately passed, three of the five FCC Commissioners dissented to all or part of the action.