COMMITIEE ON FINANCIAL SER VICES WEBSITE: ZELDIN.HOUSE.Gov SUBCOMMrrTEE ON HOUSING AND INSURANCE, FACEBOOK.COMfREPLEEZELDIN SUBCOMMlTTEE ON OVERSIGHT AND INVESTIGATIONS, SUBCOMMI'ITEE ON TERROR1SM Tw!TIER.COMIREPLEEZELD!N AND ILLICIT FINANCE COMMIITEE ON FOREIGN .AFFAIRS SUBCOMMlITEE ON THE MIDDLE EAST AND NORTH AFRICA, SUBCOMMJITEE ON TERRORISM, NONPROLCFERATION, AND TRADE Congre" " man lltt JR " .ltlbfn 590 jfit.s't C!Congre.s.sional 1Jlt.strtct of J}ew ~ ork July 18, 2018 Received & Inspected The Honorable Ajit Pai JUL 2 :1 2018 Chairman, Federal Communications Commission 445 12th Street, NW FCC Mai/room Washington, DC 20554 Dear Chairman Pai: I write to you in support of the Federal Communication Commissions ("FCC")'s recent efforts to create a safer and more workable environment for communicating with consumers. Specifically, we appreciate steps the FCC has taken to crack down on abusive and illegal robocalls, and we applaud the enforcement actions taken by the FCC to end these instances of consumer mistreatment. Additionally, we appreciate the FCC's recent move, following the D.C. Circuit ruling that overturned portions of a past overly broad FCC interpretation, to seek feedback on key outstanding Telephone Consumer Protection Act ("TCPA") issues. While the FCC is at the forefront of many critical communication issues, its past interpretations of the TCP A have resulted in a patchwork of confusion about what is required. This has made it more difficult for consumers to receive communications that they want and need, and for legitimate businesses to understand compliance standards. There is tremendous legal uncertainty surrounding how consumers can receive calls and text messages on their cell phones, even when the calls and texts contain important information. This leads to increasing class action litigation that often does little to help consumers and chills legitimate communications. The FCC must make it more workable for legitimate businesses to stay in communication with consumers in a timely and effective manner, while continuing its fight to eliminate illegal and fraudulent calls and texts to cell phones. The D.C. Circuit's recent opinion in ACA International v. FCC set aside the FCC's overly broad interpretation of what devices qualify as an automated telephone dialing system ("ATDS"), as well as the FCC's 2015 approach to the problem of reassigned numbers, including a presumption that a caller will know a number is reassigned after one attempted call, even if that attempted call is not answered. I support the FCC's recent Public Notice seeking comment on these issues, and other confusing aspects of TCP A compliance. I urge the FCC to take quick action to clarify important issues under the TCP A. WASHINGTON, DC OFFICE: P ATCHOGUE OFFICE: EAST END OFFICE: 1517 LONGWORTII HOUSE OFFICE BUILDING 31 OAK STREET, SUITE 20 30 WEST MAIN STREET WASHINGTON, DC 20515 PATCHOGUE, NY 11772 SUITE201 PHONE: (202) 225-3826 PHONE: (631) 289-1097 RrvERHEAD, NY 11901 FAX: (202) 225-3143 FAX: (631) 289-1268 PHONE: (631) 209-4235 PRINTED ON RECYC LED PAPER It is imperative that the FCC, under your leadership, move forward to develop a TCP A framework that both protects consumers and is workable for businesses to be able to communicate with their customers. Such an approach should account for Congressional direction in the 1991 TCP A as well as innovative technologies that are emerging to help consumers manage calls. Under this approach, the FCC should confirm that to be an ATDS, equipment must use a.random or sequential number generator to store or produce numbers and dial those numbers without human intervention, and find that only calls made using actual (not theoretical) ATDS capabilities are subject to the TCPA's restrictions. The world has changed significantly since the TCP A was enacted in 1991 and it is time for the FCC to clarify and modernize the TCP A and its rules to reflect today's realities. Clear rules will allow the FCC to definitively punish illegal actors, while allowing legitimate businesses to understand what they should do to remain in compliance, which are both positive steps for consumers. Sincerely, ~Member of Congress