11th Circuit Looked Askance at 1-to-1 Telemarketing Rule Implementation: Lawyers
The 11th U.S. Circuit Court of Appeals panel hearing oral arguments about the FCC's one-to-one telemarketing consent rule (see 2412180008) didn't debate counsel much about petitioner Insurance Marketing Coalition's First Amendment arguments, Sheppard Mullins' A.J. Dhaliwal and Mehul Madia wrote…
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Monday. As a result, they said it makes it unlikely the rule will be struck down on those grounds. Instead, the judges focused more on whether the rule's implementation violates the Telephone Consumer Protection Act, which gives consumers the ability to agree to receive telemarketing calls. Dhaliwal and Madia said a decision isn't likely before Jan. 27, when the one-to-one rule goes into effect. But the panel seemed to indicate it believes the FCC overstepped its authority, they said, noting it's unclear whether the 11th Circuit invalidates the rule.