In a much-anticipated decision, the US Court of Appeals for the
DC Circuit has ruled on the Federal Communication Commission's
2015 Declaratory Order on the Telephone Consumer Protection Act,
focusing on autodialing equipment, reassigned phone numbers, and
revocation of consent. This decision, and changes to the FCC under
the Trump administration, may have the effect of narrowing
liability for retailers that call or text customers, although the
decision still leaves companies with uncertainty.
The DC Circuit recently handed down its long-awaited decision in
ACA International v. Federal Communications Commission.
This decision will be of great interest to retailers who call or
text customers, employees, or other individuals. The court reviewed
challenges to several aspects of the Federal Communication
Commission's (FCC's) 2015 Declaratory Order, namely (1) its
definition of an automatic telephone dialing system (ATDS); (2) the
reasonableness of the one-call "safe
