FCC is Now Seeking Feedback on Key Issues from ACA Lawsuit

The Federal Communications Commission is diving into the interpretation and implementation of the TCPA after ACA International led the charge in challenging its 2015 Declaratory Ruling and Order and won a favorable ruling from the D.C. Circuit Court in March.

5/15/2018 1:00 PM

FCC is Now Seeking Feedback on Key Issues from ACA Lawsuit

On May 14, the Federal Communications Commission announced that it is seeking comment on several issues related to interpretation and implementation of the Telephone Consumer Protection Act (TCPA) after tireless efforts from ACA International and its members in seeking clarification. ACA International has been seeking these reforms through Congress, the FCC, and most recently in its victory in the U.S. Court of Appeals for the District of Columbia in ACA International v. Federal Communications Commission, et al. 

“We appreciate that the FCC has taken this action in response to ACA’s lawsuit and recent petition, and is seeking comment on past interpretations of the TCPA,” said Leah Dempsey, ACA International’s vice president and senior counsel for federal advocacy. “This is a critically important next step in ACA’s efforts to seek more reasonable and clear TCPA standards, and we look forward to continuing to engage with the FCC and Congress.”

Notably, the FCC through this request for comment is asking for feedback about:

  • What constitutes an “automatic telephone dialing system.”
  • How to treat calls to reassigned wireless numbers under the TCPA.
  • How a called party may revoke prior express consent.
  • Two pending petitions for reconsideration of the commission’s Broadnet Declaratory Ruling (whether federal contractors are “persons.”)
  • The pending petition for reconsideration of the 2016 Federal Debt Collection Rules, filed by Great Lakes Higher Education Corp. et al.

ACA International continues to support measures for the FCC to provide clarification on the TCPA, especially following the D.C. Circuit Court’s decision in ACA Int’l v. FCC et. al, which struck down the overly broad interpretation of what was considered an autodialer. The FCC’s May 14 request for comment is another opportunity for ACA International members and the accounts receivable management industry to provide valuable input on these issues as well as the impact the current interpretation of the TCPA has on business industries.

ACA International is reviewing the request for comment to provide feedback to the FCC by the June 13, 2018, deadline. Members seeking more information may contact ACA International’s Vice President and Senior Counsel of Federal Advocacy Leah Dempsey at dempsey@acainternational.org.

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