Transition Tracker | Eisenbach Named to FCC Transition Team November 23, 2016 WHAT HAPPENED President-elect Donald Trump has tapped Jeffrey Eisenach, a free-market economist with an avowed deregulatory bent, to lead his Federal Communications Commission (FCC) transition team. Eisenach will review the FCC’s policies. It’s unclear whether Trump would nominate Eisenach to the FCC chairmanship. The current Republican FCC Commissioner Ajit Pai is widely rumored to be among the list of candidates for Chairman. WHAT IT MEANS FOR AFSA MEMBERS A change in leadership at the FCC opens the door for new Telephone Consumer Protection Act (TCPA) policy and the potential to rewrite the 2015 TCPA rule. Current TCPA regulations have spurred numerous and expensive class action lawsuits for American businesses. Bringing the TCPA into this century will help business better connect with their customers. Anything not completed by an executive agency can be dropped from the agenda altogether because of the wide discretion agency leaders have to set their agenda. Rules in development, including rules that have been proposed but not adopted, could be abandoned. At the CFPB, these rules could include the small-dollar rule, the arbitration rule (if it is still not finalized), the debt collection rule, and a larger participant rule for installment lenders. WHAT IS AFSA DOING AFSA is working with other trades and will reach out to Eisenach’s team with ideas on how to modernize the TCPA. The association is also seeking member suggestions for modernizing the TCPA.