The U.S. Court of Appeals for the D.C. Circuit will hear
oral arguments on Wednesday in the case of ACA
International, et al. v. the Federal Communications Commission (FCC) and United States of America.
ACA International will be asking the court to review the FCC’s
July
2015 Declaratory Ruling on the Telephone Consumer Protection Act (TCPA) in
order to determine whether the FCC acted reasonably in regulating the way
companies call consumers.
ACA and its joint petitioners in the case, such as Portfolio
Recovery Associates and the U.S. Chamber of Commerce, argue
that the FCC’s order “rewrote the TCPA,” “jeopardizes desirable communications
that Congress never intended to ban,” and “encourage[s] massive TCPA class actions
seeking crippling statutory damages.”
According to the Order
on Time for Oral Arguments, each side will get 20 minutes to make their
case to the court.
insideARM Perspective
This case is sure to develop more in the coming months. Be sure to keep checking back with insideARM for the latest developments on this case.
insideARM maintains a free TCPA resources page to provide the ARM community a destination for timely and topical information on the Telephone Consumer Protection Act of 1991 (“TCPA”). This page is generously supported by LexisNexis. See the page here or find it in our main navigation bar from any page on insideARM.
The cornerstone of the page is a chart of significant TCPA cases. Click on the link in the chart for the complete text of the decision. Where insideARM has already published a story on the case, we provide a link. Case information and analysis is provided by the Bedard Law Group.
