On September 2, 2015, the Chamber of Commerce of the United States (“Chamber”) filed its own petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit. See Chamber of Commerce of the US v. FCC, No. 15-1306 (D.C. Cir. filed Sept. 2, 2015). Chamber challenges: (1) the inclusion of equipment that does not have the present capacity to “store or produce telephone numbers to be called, using a random or sequential number generator,” and “to dial such numbers” within the scope of an ATDS, (2) the determination that the term “called party” refers to the current subscriber or customary user of the phone instead of the intended recipient of the call, (3) the one-call exemption before imposing strict liability for calls made to reassigned numbers, and (4) the provision that allows a called party to revoke prior express consent at any time through any reasonable means, while callers are prohibited from limiting the manner in which consent may be revoked. Id.at 2-3.
As relief, Chamber asks the DC Circuit to vacate or reverse the unlawful parts of the Order and remand those unlawful parts to the FCC for an order that is consistent with the court’s findings. Id. at 4.
Stay tuned as we continue to provide updates on developments in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order.