DC Circuit's ACA v. FCC Decision: Implications For Calling And Texting Retail Did You Know?

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 edition of Morgan Lewis Retail Did You Know? highlights that this decision, and changes to the Federal Communications Commission 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.

Background

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)