EPIC Files in Support of En Banc Review of FCC Rule That Prohibits Sale of Robocall Consents

On March 14, EPIC filed an amicus brief in support of en banc review regarding the Federal Communications Commission’s rule establishing that a phone subscriber can only provide consent to be robocalled to one seller at a time. In January, the initial panel of Eleventh Circuit judges to consider the challenge to the FCC’s rule vacated the rule in its entirety.

When a Federal Circuit court, such as the Eleventh Circuit, issues a ruling that is not only incorrect but also introduces conflict with the Circuit’s own precedent, a party can petition the court for en banc review, a process during which all judges of that court hear the case, as opposed to appealing the decision up to the Supreme Court of the United States.

In this instance, because the FCC under Chair Carr has not signaled interest in defending its own rule, the National Consumer Law Center, as well as the National Consumers League and several small business owners represented by Public Justice have petitioned the court for permission to intervene in the case and advocate for preserving the FCC’s rule. EPIC filed as amicus in the initial panel of Eleventh Circuit judges and has filed in support of en banc review of that panel’s decision here.

EPIC regularly advocates in TCPA cases in support of consumer privacy and files comments with regulatory agencies such as the FCC and the Federal Trade Commission to better protect consumers from unwanted calls.