D.C. Circuit Rejects Portions of FCC Decision Interpreting Key TCPA Terms


The U.S. Court of Appeals for the D.C. Circuit on Friday issued a long-awaited ruling in a lawsuit challenging the Federal Communications Commission’s interpretations of key terms under the Telephone Consumer Protection Act of 1991 (“TCPA”), holding that the FCC in 2015 had adopted an unreasonably broad definition of the type of calling equipment subject to special restrictions under the TCPA — a definition so broad it would include any modern smartphone — and had failed to adequately justify its approach regarding liability for calls placed to cell phone numbers that have been reassigned to a new user.