Insurance Coalition Urges 11th Circuit to Vacate FCC Order on Illegal Robotexts

The Insurance Marketing Coalition is seeking a review by the 11th U.S. Circuit Appeals Court of the FCC’s Dec. 18 order implementing rules under the Telephone Consumer Protection Act to target and eliminate illegal robotexts (see 2312190032), said IMC’s petition Thursday (docket 23-14125). The order exceeds the FCC’s statutory authority and was adopted “without observance of procedure required by law,” said the petition. IMC wants the 11th Circuit to vacate the order, which imposes several measures, including codifying that the national do not call registry’s protections apply to unlawful text messages. IMC is filing a "protective" petition for review now "out of an abundance of caution," it said. It will file a second petition for review when the order is published in the Federal Register, it said. In an unrelated Centers for Medicare & Medicaid Services rulemaking earlier this year, IMC described itself as representing a cross-section of insurance industry stakeholders, “promoting compliant best practices in insurance marketing and services.” Covington & Burling represents IMC in its 11th Circuit petition for review.