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Table of Contents - March 16, 2018

Court Rejects FCC's Treatment of All Smartphones as Robocallers

The U.S. Court of Appeals for the District of Columbia Circuit today rejected as "unreasonable" the FCC's interpretation of the kinds of phone equipment covered by the Telephone Consumer Protection Act's restrictions on using autodialers to call cellphones - an interpretation that the court said would have meant that anyone using a smartphone to call or text another wireless phone without consent is violating the TCPA.

The court also rejected the FCC's decision to hold callers liable for using an automatic telephone dialing system (ATDS), or autodialer, to call a reassigned phone number for which they received consent to call from a previous subscriber, allowing only for one call after the reassignment, regardless of whether the caller knows about the reassignment.

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