Answering the Call for Telephone Consumer Protection Act Reform: Effectuating Congressional Intent Within 47 U.S.C. § 227(B)(1)(A)
نویسندگان
چکیده
This Note analyzes the current state of civil law surrounding Telephone Consumer Protection Act (TCPA) and highlights a glaring flaw within practice assigning liability to telephonic solicitors utilizing an automatic telephone dialing system (autodialer): can be subjected even though their actions are not what Congress intended prevent. enacted TCPA in response unique consumer privacy public safety concerns. For example, use autodialer created substantial likelihood that autodialers would call emergency services could “seize” lines prevent those from being utilized receive calls needing services. The Federal Communications Commission (FCC) judiciary, however, have developed differing interpretations TCPA, which unintentional dangers for businesses properly telemarketing strategies. These were left unresolved by Supreme Court’s ruling Facebook, Inc. v. Duguid. fragmented interpretation application federal various jurisdictions has callers liable fines, so long as they device merely capacity act autodialer—even if did actually functionality. Such broad places heavy burden on companies using technology does create kind harm against was meant protect. To effectuate Congressional intent, this proposes FCC should issue new declaratory will attach defendants who make functionality, who’s devices do so. Alternatively, either amend manner better aligns with its goals, or Court provide clarification lower courts how one acquires liability. change certainty fairness businesses, consumers, judiciary.
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ژورنال
عنوان ژورنال: University of Michigan Journal of Law Reform
سال: 2023
ISSN: ['0363-602X', '2688-4933']
DOI: https://doi.org/10.36646/mjlr.56.3.answering