Definitely, Maybe: Will the FCC Cut Red Tape or Just Talk About It?

You’ve seen the headlines. We’ve all seen the headlines. The current administration is shaking things up. But what does this mean for the Federal Communications Commission (FCC), which regulates the telecommunications industry and, more specifically, telemarketing?

In a move that surprises few, the FCC is looking to scale back its regulatory oversight. Last week, it issued a public notice requesting comments on rules that “have outlived their usefulness, for which there is no longer any (or only substantially diminished) need, or which otherwise give rise to harms….” It’s not hard to see where this is headed.

As someone who makes a living advising on telemarketing compliance and defending Telephone Consumer Protection Act (TCPA) class actions, I’ve seen firsthand how the TCPA has strayed from its original intent. What began as a well-meaning law to protect consumers from illegal telemarketing scams has become a goldmine for class-action attorneys, resulting in sky-high damages that often seem wildly disproportionate.

That being said, I fully support the federal “do-not-call” list and the requirement that companies obtain consent before contacting consumers about products or services. But there has to be a way to enforce these rules without incentivizing frivolous lawsuits, endless demand letters, and business-crippling settlements because a 19-year-old call center agent forgot to mark a “do-not-call” request.

If you agree, now is your chance to speak up. The FCC is accepting public comments until April 11, 2025, with reply comments due by April 28, 2025. See the full notice here.