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ARTICLE · 19 OCTOBER 2016

D.C. Circuit Weighing FCC's Controversial 2015 TCPA Declaratory Ruling

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Today, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC.

United StatesConsumer Protection
Kevin Ranlett
Kevin Ranlett
Archis Parasharami
Archis Parasharami
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Today, a panel of the D.C. Circuit—composed of Judges Srinivasan and Pillard and Senior Judge Edwards—heard argument in ACA International v. FCC, the consolidated appeals from the FCC's 2015 Declaratory Ruling and Order, which greatly expanded the reach of the Telephone Consumer Protection Act ("TCPA"). (An audio recording of the argument is here, and Kevin attended the argument.) The case has been closely watched, and a number of TCPA class actions around the country have been stayed to await the D.C. Circuit's decision. More detail is below the fold, but here are our quick impressions from the argument:

  • The panel asked tough questions of lawyers for both sides in an argument that went two full hours over the allotted 40 minutes.

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