As Troutman Sanders LLP
previously reported, earlier this month the Federal
Communications Commission issued a sweeping 147-page Declaratory
Ruling and Order expanding the definition of an automatic telephone
dialer system (ATDS), clarifying revocation of consent, and
providing limited exceptions for reassigned numbers, health care,
and financial calls and text messages. Since then, three
entities have filed petitions for review in federal appellate
courts, which have since been consolidated with the District of
Columbia Circuit Court of Appeals.
On July 10 – the same day of the FCC Order – ACA
International, an association of credit and collection
professionals,
filed suit in the District of Columbia Circuit Court of
Appeals, arguing that the ruling is at odds with the law's
original intent. In its Petition for Review, ACA
International argues that the FCC unnecessarily expanded the
definitions of "capacity," "automatic telephone
dialing system," and "prior
