ACA wins legal challenge against FCC's TCPA declaratory ruling

ACA International, the Association of Credit and Collection Professionals, and businesses and organizations from a wide variety of industries secured a major victory today from the US Court of Appeals for the D.C. Circuit in its landmark case: ACA International v. Federal Communications Commission, et al, the company said.

In handing down its hotly anticipated decision in the pivotal ACA Int´l case, ruling 3-0 in favor of business industries, the D.C. Circuit Court focused on the key issues ACA presented in its challenge to the 2015 Telephone Consumer Protection Act (TCPA) Declaratory Ruling and Order, including the definition of an auto-dialer, a reasonable manner approach to revocation of consent, and the one-call exemption for reassigned numbers.

The appellate court´s opinion set aside the FCC´s explanation of which devices qualify as an Automated Telephone Dialing System (ATDS), as well as its understanding of when a caller violates the act by calling a wireless number previously held by a consenting party but reassigned to a person who has not given consent.

The appellate court, however, sustained the commission´s ruling that a party can revoke consent through any reasonable means by clearly expressing a desire to receive no further calls or texts.

ACA International (ACA), the association of credit and collection professionals, is the largest membership organization in the credit and collection industry. Founded in 1939, ACA brings together third-party collection agencies, law firms, asset buying companies, creditors and vendor affiliates, representing tens of thousands of industry professionals. ACA produces a wide variety of products, services and publications, including educational and compliance-related information; and articulates the value of the credit and collection industry to businesses, policymakers and consumers.