/>iThere’s an old saying:
The TCPA makes strange bedfellows.
Or something like that.
But, in today’s example of “strange bedfellows” we have a Notice of an Ex Parte Presentation with an interesting mix of participants.
Before we dive into that, what is an ex parte presentation?
An ex parte presentation is “a communication, written or oral, directed to the merits or outcome of a proceeding…and if oral, is made without giving all the parties to the proceeding advance notice for them to be present.”
Essentially, if oral, it’s a meeting with interested parties with the FCC. And if a party has an ex parte meeting with the FCC (like R.E.A.C.H. just did), that party must file an ex parte notice. The notice must include a list of all persons attending the meeting and a summary of all data presented and made during the meeting.
This allows a more open process. It avoids a situation where Verizon, for example, meets with all the FCC Commissioners, doesn’t tell anyone, and then the FCC rules in Verizon’s favor.
The FCC also publishes all the ex parte notifications every day, so the public can see who is meeting with the FCC and whom from the FCC is being met with.
Which brings us back to an interesting one.
The American Bankers Association and Mortgage Bankers Association met with the FCC to discuss the September 5, 2024 Order that included “provisions to combat illegal calls and texts”.
Yeah, that makes sense. The ABA and MBA, in theory, share a common constituency.
But, look who else was in that meeting.
The National Consumer Law Center.
Yes, the group who receives millions of dollars in cy pres funds from TCPA cases.
The group who literally hosts a conference called “Consumer Rights Litigation Conference and Class Action Symposium”. This year’s conference has breakout sessions to help class action litigators with titles such as “TCPA Developments: Litigating after Loper (post Chevron), Consent Requirements, CallerID & More” and “TCPA Class Certification Issues for Pre-Recorded Telemarketing Calls and Calls to the DNC List”.
That’s helpful.
Sure, the groups recognize they aren’t usually aligned. The ex parte notice actually say in the notice “The Organizations joined together for this meeting because they are united in their commitment to combating criminals who attempt to defraud consumers by impersonating legitimate businesses through illegally spoofed calls and texts.”
And that’s well and good, I guess.
But, seriously? You couldn’t find anyone who cares about stopping consumers from getting defrauded other than the NCLC???
Maybe the ABA and the MBA are unaware of the breakout session at the NCLC conference entitled “The Business and Benefits of Taking Debt Defense Cases to Feed your Consumer Law Practice” which will teach attendees “how to incorporate debt defense effectively and profitably”.
