The FCC urged the Supreme Court to deny...
The FCC urged the Supreme Court to deny a petition for writ of certiorari to a plaintiff who alleged that Clear Channel violated the Telephone Consumer Protection Act. The U.S. Court of Appeals for the 6th Circuit “correctly determined that…
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the FCC’s use and explication of its TCPA exemption authority is entitled to deference,” the commission said in a brief in opposition (http://bit.ly/1szMaVW). “Further review is not warranted.” The FCC said a phone call from a TV or radio station whose purpose “is merely to invite a consumer to listen to or view a broadcast is not a telephone solicitation within the TCPA restrictions.” The U.S. District Court for the Southern District of New York dismissed the complaint, and plaintiff Mark Leyse challenged the FCC rule in his petition, said the agency.