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Richard Raysman and Peter BrownRichard Raysman and Peter Brown ()

On March 28, 2017, the Federal Communications Commission (FCC), in the pending case ACA Int’l v. FCC & USA, No. 15-1211 (D.C. Cir. argued Oct. 19, 2016), told the U.S. Court of Appeals for the District of Columbia (the D.C. Circuit) that a recent decision in the Ninth Circuit should influence its decision as it decides a challenge to the autodialer restrictions in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227 et seq. This Ninth Circuit decision arose after defendant was accused of sending “robotexts,” which is generally considered the act of making autodialed texts to cell phones.

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