“We can’t paint all legitimate companies with the brush that every call from a private company is a form of harassment. It is time for the [Federal Communications Commission (FCC)] to act to provide clear rules of the road that will benefit everyone, and that means acting on [Telephone Consumer Protection Act (TCPA)] petitions before us.” Federal Communications Commissioner, Michael O’Reilly, said on April 2, 2015, during his remarks to the Association of National Advertisers, that the FCC must act quickly on the pile of petitions related to the TCPA to clarify everything from the definition of an automatic telephone dialing system to a company’s liability for making telemarketing calls to reassigned cell phone numbers. With the uncertainty surrounding TCPA regulations right now, telecommunication companies are experiencing high risks in litigation from the influx of class actions. O’Reilly said that while he does not support those companies that “hound[ ] consumers with incessant or harassing calls,” he seeks to clarify the regulations so that health care providers can more easily contact patients with relevant information and allow banks to notify consumers in fraudulent situations. O’Reilly explained, “[C]ompanies are trying to provide a useful service, and if we make it too burdensome or costly for them to do so, then they won’t make calls. It’s that simple.” Let’s see how the FCC responds to those pending petitions. We’ll keep you updated.

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