TCPA Judicial Advocacy
Within hours of the July 10, 2015 release of the Federal Communications Commission’s Declaratory Ruling on the Telephone Consumer Protection Act, ACA International was the first to file suit seeking judicial review from the United States Court of Appeals for the District of Columbia Circuit. The FCC’s Ruling is at odds with the plain language of the TCPA, the original intent of Congress, and common sense.
Now, the suit has united businesses and organizations from a wide variety of industries under one simple goal: to determine whether the FCC exercised its regulatory authority appropriately and ignored controlling statute in order to expand the scope and reach of the TCPA in a way the Congress never intended, leaving a law in place that hurts legitimate, law-abiding businesses.
Since the FCC issued the Ruling and ACA filed its lawsuit, nine other businesses and organizations have petitioned the court in opposition to the new TCPA rules. Also, six additional parties moved to intervene or participate as amici curiae (“friends of the court”) in support of ACA.
All of the petitions for review of the Ruling have been consolidated into a single case before the D.C. Court of Appeals, meaning that all pleadings and any decisions will be maintained on the case docket for ACA International, et al. v. Federal Communications Commission and United States of America; Case No. 15-1211 (the “ACA Main Case Docket”). The ACA Main Case Docket can be accessed through the website maintained by the United States Court of Appeals for the District of Columbia Circuit (http://www.cadc.uscourts.gov).
From time to time, certain key documents filed in the case or otherwise made available by ACA International will be available by selecting the document links below.
- Oral argument before the U.S. Court of Appeals for the District of Columbia Circuit (October 19, 2016)
- ACA International’s Joint Reply Brief for Petitioners (February 16, 2016)
- FCC’s Answering Brief (January 15, 2016)
- ACA International’s Joint Brief for Petitioners (November 25, 2015)
- ACA International’s Statement of Issues (August 12, 2015)
- ACA International’s Amended Petition for Review (July 13, 2015)
Information about the Industry Advancement Program and specific Industry Advancement Fund judicial advocacy grants for cases that have important, potentially precedent-setting impact on ACA’s members and the credit and collection industry.