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CASE ENTRY

Soundboard Association v. Federal Trade Commission

In 2016, FTC staff issue “informal” letter that raises specter of $1 mil per month penalties for robocallers who use soundboards, a heretofore legal technology that helps manage multiple calls, enables callers to use pre-recorded audio clips. D.C. Circuit: The letter is not a final agency action; it’s too soon to sue. Dissent: Plaintiffs may not be the most sympathetic, but the feds ought “not be able to transmogrify the mantle of ‘staff advice’ into both a sharp regulatory sword and a shield from judicial review.”


Tags: 2018, Administrative Law, D.C. Circuit, FTC

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