ACA Cast: “ACA Int’l v. FCC: Where are We Now?”

As the industry awaits TCPA reform, two top attorneys engage in a lively discussion about the reassigned numbers database, the ATDS and various court decisions.

4/15/2019 10:00 AM

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ACA Cast: “ACA Int’l v. FCC: Where are We Now?”

The various interpretations and sometimes contradictory rulings resulting from the ACA International v. FCC decision are enough to confuse the savviest accounts receivable management industry professional. So, to clarify some of the vague points that probably keep you up at night, ACA International invited two leading attorneys to cut through the noise and provide an important analysis.

This informative episode of ACA Cast titled “ACA Int’l v. FCC: Where are We Now?” features a lively discussion between Rick Perr, an ACA Board Member and partner with Fineman Krekstein & Harris, PC in Philadelphia, and David Kaminski, a partner and chair of the financial services and class action group, Carlson & Messer LLP, Los Angeles.

Perr, an ACA International board member, was ACA’s board president in March 2018 when the D.C. Circuit Court handed down its decision in ACA International v. FCC. ACA has long viewed the decision as a major step forward in launching TCPA reform support from Congress while forcing the FCC to consider its previous actions. Courts have ruled differently on this issue, at times even ignoring the D.C. Circuit, confirming ACA’s position that the accounts receivable management industry is ripe for frivolous, unnecessary litigation and TCPA reform from the FCC is essential.

Although the D.C. Circuit Court in ACA Int’l ultimately eviscerated the FCC’s expansive definition of ATDS, it did not answer the “basic question raised by the statutory definition [about] whether a device must itself have the ability to generate random or sequential telephone numbers to be dialed,” or whether it would be “enough if the device can call from a database of telephone numbers generated elsewhere.”  Instead, the D.C. Circuit Court explained that the FCC could “adopt either interpretation,” but not both. As a result, courts around the country, including the Ninth Circuit Court of Appeals, have been left to interpret the TCPA to define an ATDS until the FCC acts and uses its rulemaking authority. 

This informative episode is available for listening now.

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