WASHINGTON, D.C. (Oct. 6, 2025) – NFIB filed an amicus brief in the case Ohio Telecom Association, et al. v. Federal Communications Commission, et al. at the U.S. Court of Appeals for the Sixth Circuit. The case asks whether federal agencies can reissue regulations that Congress previously overturned under the Congressional Review Act (CRA). NFIB joined the Washington Legal Foundation in filing the brief, which challenges the Federal Communications Commission’s (FCC) disregard for Congress’ repeal of a previous, nearly identical consumer privacy rule.

“This is another example of agencies abusing their authority to create burdensome regulations that will impact our nation’s small businesses,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Modifying the wording of a provision does not suddenly grant the FCC the authority to reissue rules that were already struck down through a legitimate exercise of Congress’ legislative power. Allowing the will of Congress to be subverted based on a technicality is a dangerous decision that will diminish the power of the CRA and ultimately threaten the separation of powers.”

The coalition brief argues that the panel majority misread the Congressional Review Act (CRA) when they allowed the FCC to circumvent Congress’s disapproval of the FCC’s 2016 consumer privacy rule.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.