FCC Removes Robotext Provisions Overturned by 11th Circuit
The FCC is dropping parts of its 2023 robocall and robotext order rejected by the 11th U.S. Circuit Court of Appeals (see 2501240067), effective Friday. The 11th Circuit vacated the part of the order that said a consumer can't consent to a telemarketing or advertising robocall unless they consent to calls from only one entity at a time and consent only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” The 11th Circuit remanded the order to the FCC for further proceedings.
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The FCC is removing provisions nullified by the court, said a notice for Friday’s Federal Register from the Consumer and Governmental Affairs Bureau. The FCC “for good cause finds that notice and comment are unnecessary for this rule amendment … because this ministerial order merely implements the mandate” of the court, “and the Commission lacks discretion to depart from this mandate,” the notice said. “Because this Order is being adopted without notice and comment, the Regulatory Flexibility Act does not apply.”