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ARTICLE · 22 MARCH 2018

ACA International V. F.C.C., Et Al.

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The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA's prohibition against using automated dialing devices to make unsolicited calls to cellular telephones.

United StatesConsumer Protection
Neal Marder
Neal Marder
Hyongsoon Kim
Hyongsoon Kim
Ashley Vinson Crawford
Ashley Vinson Crawford
Michelle Reed
Michelle Reed
Robert Pees
Robert Pees
Anthony Pierce
Anthony Pierce
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Key Points

  • The D.C. Circuit reviewed a 2015 FCC order that interpreted the TCPA's prohibition against using automated dialing devices to make unsolicited calls to cellular telephones. The court set aside two portions of the 2015 Order and confirmed two others.
  • In its decision, the court set aside (1) the 2015 Order's "expansive" definition of an ATDS and (2) the Order's "one-call safe harbor" exemption for reassigned wireless phone numbers.
  • However, the court confirmed (1) the 2015 Order's approach to revocation of consent under the TCPA, under which a person may revoke prior consent through "any reasonable means clearly expressing a desire to receive no further messages from the caller;" and (2) the scope of the Order's exemption for time-sensitive health care calls.

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