Last week we reported on a critical petition to the FCC essentially asking it to clarify what a prerecorded call is under the TCPA; i.e. does the TCPA apply to calls that are not entirely pre-recorded– or where an agent has discretion to play messages to a consumer in a real time exchange of information.

The petition comes on the heels of a recent ruling concluding that dialer wait-queue messages qualify as a prerecorded voice for TCPA purposes.

Well just yesterday the FCC issued a Public Notice seeking comment on this important petition. The public notice can be found here: FCC PN ON YODEL PETITION

The Public Notice sets the following dates:

Comment Date: October 21, 2019 Reply Comment Date: November 4, 2019

Given that this petition seeks clarity on one of the most important pieces of the TCPA– the meaning of the statute’s prerecorded voice requirements– it potentially impacts players in numerous industries. If you’d like to discuss feel free to reach out to the Baron or I since, you know, we represent the Petitioner.