FCC Fighting Proposed Intervention in TCPA Case That It Wants to Drop

The FCC is no longer seeking an 11th U.S. Circuit Court of Appeals en banc rehearing regarding the court's decision on a 2023 FCC robocall and robotext order, so allowing proposed intervenors to become parties would only keep litigation going that the government has decided to quit pursuing, the FCC told the court Friday in docket 24-10277. In an opposition to a motion to intervene, the FCC said allowing those parties to become intervenors "would undermine the government’s prerogative to direct the course of this case." The agency also argued that the motion to intervene, filed by the National Consumer Law Center and Public Justice (see 2503100070), was untimely. A three-judge 11th Circuit panel ruled earlier this year that the agency overstepped its statutory boundaries in part of its implementation of the Telephone Consumer Protection Act (see 2501240068).