On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking clarity on how the FCC interprets the Telephone Consumer Protection Act (TCPA). As noted in vigorous dissents by Commissioners Pai and O’Rielly, several of the rulings seem likely to increase TCPA litigation and raise a host of compliance issues for businesses engaged in telemarketing or other practices that involve calling or sending text messages to consumers.

Since the FCC issued the order, trade associations and companies have filed multiple petitions for review in courts of appeals challenging the order. It will thus ultimately be up to the courts of appeals to decide whether the FCC’s new interpretations of the TCPA are reasonable.