Through its latest declaratory rulings on Friday, the FCC shunned an opportunity to rein in the damage that has been done to U.S. businesses over the past several years by the TCPA plaintiffs’ bar, choosing instead by a 3-2 vote to expand the scope of the TCPA beyond its statutory meaning. The FCC’s rulings create a dangerous landscape for not just telemarketers, but any companies that do business over the phone. TCPA litigation has dramatically spiked in recent years (at least 2,000 TCPA cases were filed in 2014 alone), and the FCC’s latest action will do nothing to stem the tide—as FCC Commissioner Ajit Pai wrote in a recent editorial for The Daily Caller, “Almost every call between a business and its customers will become a potential TCPA violation.” That sound you hear is the TCPA plaintiffs’ bar exchanging high fives.…
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