ISPs and robocallers love the FCC plan to “delete” as many rules as possible

"Under the Court's clear reasoning in Jarkesy, the Commission's practice of imposing monetary 'forfeitures' without affording targets the right to a jury trial violates the Seventh Amendment of the Constitution. The Commission should eliminate rules that impose such unlawful financial penalties," AT&T said. As we reported in November, AT&T and Verizon used this same argument in court to claim that the FCC cannot issue fines against the carriers for selling user location data. AT&T's new filing asks the FCC to "close long-pending investigations and other open proceedings that exceed the Commission's authority." AT&T also asked the FCC to eliminate several roaming obligations that apply to wireless carriers. Relaxing robocall consent ACA International, a trade group for the debt collection industry, asked the FCC to revoke the "revoke all" rule that makes it easier for consumers to opt out of unwanted communications. ACA International said that under the revoke all rule, "a request to revoke consent by whatever channel requires cessation of all contact by any other communication channel that requires prior consent." "Per the revoke all rule, callers must stop all future contacts for which consent is required in response to a single revocation request. Thus, if a consumer replies to a text message requesting that the caller stop future texts, the caller must also stop future calls if consent is required," the group said. Additionally, a "request to stop a telemarketing call stops all informational robocalls or robotexts." ACA International claimed the rule harms customers who have overdue payments on several accounts. The "revoke all" rule "puts consumers in jeopardy because they may be deprived of the opportunity to resolve outstanding debts, leaving them exposed to litigation or worsening of the consumer's credit rating," the group said. ACA International also asked the FCC to allow robocalls when there is an "established business relationship" between the customer and business. In 2012, the FCC decided to require telemarketers to obtain prior consent from users even when there is an established business relationship. ACA International complained that its members must follow "a dizzying array of restrictions that require callers to expend enormous resources to ensure compliance" and said the FCC should "eliminate the 2012 rule barring use of the [established business relationship] for calls and texts and restore the exemption."