ACA Int'l v. FCC.

• Date: 01 September 2018
• Author: Kingston, Ali

885 F.3D 687 (D.C. CIR. 2018)

In ACA Int'l v. FCC (1), the United States Court of Appeals for the District of Columbia Circuit, granted in part and denied in part the petition for review by a number of regulated entities of a 2015 FCC order in which the FCC sought to clarify aspects of the Telephone Consumer Protection Act of 1991 (TCPA). (2) The FCC's order concerned the TCPA's general bar against using automated dialing devices to make uninvited calls. (3) This suit encompassed four issues regarding the FFC's order: (1) what automatic telephone dialing systems (ATDS) are subject to TCPA's restrictions, (2) whether the caller violates the act if the consenting party's wireless number has been reassigned to a party that has not provided consent, (3) procedures for a consenting party to revoke said consent, and (4) the TCPA's consent requirement for certain healthcare-related calls. (4) The D.C. Circuit upheld the FCC's approach on the last two issues and vacated the FCC's approach on the first two issues. (5)

Consumers have been subject to automated telemarketing calls and text messages that they have not wanted to receive for years. (6) Congress addressed this issue with the TCPA, which prohibits the use of certain ATDS absent consent from the...