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ARTICLE · 19 MARCH 2018

D.C. Circuit Issues Highly Anticipated Ruling In Telephone Consumer Protection Act Appeal

Troutman Pepper Locke LLP
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The D.C. Circuit answered months of speculation on Friday, March 16, 2018, when it finally issued its decision inACA International v. Federal Communications Commission (15-1211) .

United StatesConsumer Protection
Chad Fuller
Chad Fuller
David Anthony
David Anthony
Alan Wingfield
Alan Wingfield
John Lynch
John Lynch
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The D.C. Circuit answered months of speculation on Friday, March 16, 2018, when it finally issued its decision inACA International v. Federal Communications Commission (15-1211) . The decision is largely seen as a major win for defendants in Telephone Consumer Protection Act ("TCPA") lawsuits, as the D.C. Circuit struck down key portions of the Federal Communication Commission's ("FCC") previous expansive interpretations of the TCPA, including its definition of an "automatic telephone dialing system" ("ATDS") triggering application of the TCPA, and the FCC's illusory one-call safe harbor for reassigned numbers. The Court did, however, uphold the FCC's findings on reasonable revocation of consent and exemptions for healthcare-related messages.

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