[20180802]LSB10182_D、 C.巡回规则联邦贸易委员会意见书非司法审查的“最终机构行动”.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i D.C. Circuit Rules FTC Opinion Letter Not “Final Agency Action” Subject to Judicial Review August 2, 2018 Courts will typically only review agency orders, regulations, licenses, and other decisions that are “final.” In Soundboard Association v. Federal Trade Commission, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) held by a vote of 2-1 that an opinion letter issued by Federal Trade Commission (FTC or Commission) staff was not “final agency action” and, therefore, not judicially reviewable under the Administrative Procedure Act (APA). The opinion letter concluded that telemarketing calls utilizing “soundboard” technologya technology that allows telemarketers to make phone calls consisting of a mix of pre-recorded audio and live discussionwere subject to the FTCs “robocall” regulations. Petitioners challenged the letter under the APA, both as an unconstitutional abridgment of speech and as a binding regulation which had not been promulgated in compliance with the procedural requirements of the APA. The majority and dissenting opinions