Oral Arguments Scheduled for ACA Lawsuit Challenging FCC’s 2015 TCPA Ruling

7/25/2016 7:01 PM

ACA and other petitioners are seeking judicial review of the FCC’s TCPA Declaratory Ruling and Order, arguing that it is at odds with the plain language of the TCPA and the original intent of Congress.


Oral arguments for ACA International's lawsuit against the Federal Communications Commission, which seeks judicial review of the Commission's July 2015 Declaratory Ruling on the Telephone Consumer Protection Act, will start Wednesday, Oct. 19 before the United States Court of Appeals for the District of Columbia Circuit.

In ACA International, et al. v. Federal Communications Commission and United States of America; Case No. 15-1211, ACA will ask the court to determine whether the FCC exercisedits regulatory authority appropriately or ignored controlling statute in order to expand the scope and reach of the TCPA in a way Congress never intended, leaving a law in place that hurts legitimate, law-abiding businesses.

Within hours of the FCC releasing its TCPA Ruling on July 10, 2015, ACA filed a lawsuit appealing it. ACA and others insist the FCC went well beyond the sensible mission of crafting reasonable TCPA protections for consumers aimed at curtailing abusive telemarketing activities, instead imposing an outdated, far-reaching and punitive regulatory model on legitimate businesses that use modern dialing systems to give their customers normal, expected and desired information. 

So far, the lawsuit has secured “friend of the court” support from a broad cross-section of trade groups and other interested parties. Seventeen agencies filed as amici in eight separate amicusbriefs in support of ACA and the other challengers; nine additional businesses and organizations moved to intervene as parties to the appellate proceeding because of the direct affect the TCPA Ruling has on them.

In February, ACA and other petitioners filed their joint reply brief in response to the FCC's answering brief in the case. ACA and others argued forcefully in the brief that the FCC's interpretation of the TCPA is anything but reasonable.

ACA will continue to provide updates on the status of ACA's groundbreaking litigation against the FCC.

Visit ACA's Industry Advancement Program webpage to read the latest news and updates concerning ACA's efforts to proactively advance industry interests. The association's TCPA Resource Center also features related news, ACA SearchPoint documents, legal and regulatory materials, compliance guidelines and more.

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