Year after year, litigation under the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. (the TCPA), continues to increase. While precise figures vary,1 there can be no doubt that the TCPA is quickly becoming one of the most litigated consumer protection statutes in the country. The recent appointment of Ajit Pai as the Chairman of the Federal Communications Commission (the FCC), however, has the potential to reduce that volume of litigation.
On Jan. 23, 2017, President Donald Trump appointed Commissioner Ajit Pai to be the next chairman of the FCC, replacing Thomas Wheeler, an Obama appointee, who stepped down upon Trump’s election. While significant for a number of reasons, Chairman Pai dissented to two important FCC opinions that have been criticized as contributing to the onslaught of TCPA litigation. Thus, Pai’s elevation to the chairmanship could lead to reduced litigation under the TCPA.
The TCPA
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