On April 19, the Federal Communications Commission (FCC) released its agenda for its May Open Commission Meeting scheduled for May 9, 2019. Once again, however, there is no agenda item regarding the FCC’s highly anticipated rulemaking under the Telephone Consumer Protection Act (TCPA). The FCC’s silence on this topic means yet another month will pass without guidance from the FCC following the D.C. Circuit’s March 2018 decision in ACA Int’l, et al. v. FCC, 885 F.3d 687 (D.C. Cir. 2018).
As a reminder, ACA Int’l vacated part of the FCC’s 2015 Rules and Regulations Implementing the TCPA, including what constitutes an automated telephone dialing system and how to treat reassigned numbers. In the wake of ACA Int’l and the subsequent scrambling of courts filling the post-ACA Int’l TCPA-void, courts and parties alike have been eagerly awaiting new rules and regulations from the FCC. The release of the May Open Commission Meeting Agenda confirms that those parties will have to wait at least another month for some much-needed TCPA clarification.