Issue: Data Privacy
Court: U.S. Court of Appeals for the D.C. Circuit

RLC's Position:
The RLC filed a brief, joined by NRF and NRA, challenging the Federal Communications Commission's Order interpreting the Telephone Consumer Protection Act's (TCPA's) provisions relating to reassigned numbers and revocation of consent. Retailers respond to their customers' preferences by sending consented-to and desired information via text messages. However, there is no reliable way for retailers to know when a consumer has given up her phone number and that number has been reassigned to someone else. The FCC's "on-call exception" is an ineffective solution to the reassigned numbers problem and will arbitrarily subject retailers to liability. Further, the FCC's new standard frustrates retailers' current and straightforward practices that enable consumers to revoke their consent. The RLC brief asks the D.C. Circuit to vacate the FCC order provisions relating to reassigned numbers and revocation of consent.

Procedural History and Case Documents:

  • Petition for review filed July 2015
  • Joint petitioner brief filed November 2015
  • RLC Amici Brief filed December 2015
  • Oral argument October 2016