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.
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.