The FCC filed its brief responding to the effort of the National Consumers League to bring the TCPA one-to-one consent rule back from the dead.

In their filing today the FCC has affirmatively stated it will NOT challenge the Eleventh Circuit’s ruling and will oppose any effort by any other entity to do so:

The government has decided not to seek further review of this Court’s panel decision vacating an FCC rule. Allowing the Proposed Intervenors to become parties at this late stage, only to continue litigation that the government has decided no longer to pursue, would undermine the government’s prerogative to direct the course of this case.

Wow!

While everyone assumed (correctly) the FCC would not take any steps to defend the one-to-one ruling in the wake of the Eleventh Circuit’s IMC opinion this was its first direct public statement confirming as much.

The Commission goes onto argue the intervention effort is too late and the court should deny the discretionary request regardless and defer to the government’s decision not to appeal or challenge the ruling.

Really fascinating stuff. Can’t wait to see the ruling here.

Full brief available here: FCC brief